Johnathan Renard Castaneda v. State ( 2015 )

ACCEPTED
01-14-00389-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/30/2015 11:30:14 AM
CHRISTOPHER PRINE
CLERK
No. 01-14-00389-CR
No. 01-14-00389-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 3/30/2015 11:30:14 AM
First District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
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Nos. 1350501 and 1350815
In the 263rd District Court
Of Harris County, Texas

JOHNATHAN RENARD CASTANEDA
Appellant
V.
THE STATE OF TEXAS
Appellee

STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for
an extension of time in which to file its appellate brief and in its motion, would
show the Court the following:
1. The appellant was charged in cause number 1350501 with aggravated
sexual assault committed on June 8, 2012 (CR1 – 12). He was also
charged in cause number 1350815 with the murder of Baron Armstrong
committed on that same day (CR5 – 13). He pled “not guilty” to the
charges, and the cases were tried to a jury (CR1 – 73) (CR5 – 81). The
jury found the appellant guilty of both offenses, and the trial court
thereafter assessed punishment on April 24, 2014 as follows: forty-five
years in prison for the murder, and life in prison for the aggravated sexual
assault (CR1 – 73) (CR5 – 81). The appellant filed notice of appeal that
same day, and the trial court certified that he had the right to appeal (CR1
– 77, 79) (CR5 – 85, 87).
2. The State’s brief is due on March 30, 2015. The State hereby requests a
30-day extension for the filing of the State’s brief.
3. The following facts are relied upon to show good cause for an extension
of time to allow the State to file its brief:
a. The record in this case is over one megabyte in length split over
ten volumes and will take some time to process.
b. The undersigned attorney researched and answered by email more
than 50 legal questions of trial prosecutors since the appellant filed
his brief. The undersigned attorney researched and answered even
more such questions by phone during that time period.
c. The undersigned attorney has been involved in completing the
following written appellate project since the appellant filed his
brief:
(1) Jennifer Waite v. The State of Texas
No. 14-13-00588-CR
Brief filed February 3, 2015
(2) Terry Cox Ferguson v. The State of Texas
No. 01-14-00247-CR
Brief filed February 12, 2015
(3) Kevin Kent v. The State of Texas
No. 14-13-00375-CR
Brief on PDR filed March 3, 2015
(4) Kelvin O’Brien v. The State of Texas
No. 01-14-00229-CR
Brief filed March 30, 2015
WHEREFORE, the State prays that this Court will grant the requested extension.
Respectfully submitted,
/s/ Eric Kugler
ERIC KUGLER
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Kugler_eric@dao.hctx.net
TBC No. 796910
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Jani Wood
Assistant Public Defender
Harris County, Texas
1201 Franklin, 13th Floor
Houston, Texas 77002
Jani.Maselli@pdo.hctx.net
/s/ Eric Kugler
ERIC KUGLER
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Date: March 30, 2015