Benny Cavazos Valverde v. State ( 2015 )

ACCEPTED
04-14-00338-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/1/2015 8:44:10 AM
KEITH HOTTLE
CLERK
NO. 04-14-00338-CR
BENNY C. VALVERDE, § IN THE FOURTH FILED
DISTRICT
IN
Appellant § 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
§ 7/1/2015 8:44:10 AM
v. § COURT OF APPEALS
KEITH E. HOTTLE
§ Clerk
STATE OF TEXAS, §
Appellee § SAN ANTONIO, TEXAS
MOTION FOR EXTENSION
OF TIME TO FILE STATE’S BRIEF
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
NOW COMES, Nicholas “Nico” LaHood, Criminal District Attorney of Bexar
County, Texas, and undersigned Counsel for the State of Texas, and files this Motion
asking that the Court extend the time for filing the State’s brief.
I.
This case is on appeal from the 227th District Court of Bexar County, Texas. The
style and number of the case in the trial court is Benny Cavazos Valverde v. The State of
Texas, Cause No. 2012-CR-3980. The deadline for filing the State’s brief is July 1, 2015.
The State seeks an extension of time of up to 31 days until at least August 1, 2015. This
is the State’s first request for an extension of time.
II.
This extension is not sought for the purpose of delaying this appeal. Undersigned
counsel for the State was until recently assigned to another section in the District
Attorney’s Office, assisting with appellate briefs only part time. After a routine rotation
of office personnel, undersigned counsel was assigned to the Appellate Division full time
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but had to take over cases left behind by another counsel. As a result, undersigned
counsel is just now getting a chance to review this case for the first time, as well as
working on other appeals. Therefore, counsel respectfully asks that the extension be
granted.
III.
WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays that the
Court grant an extension of time until at least August 1, 2015, for filing the State’s brief.
Respectfully submitted,
NICHOLAS “NICO” LaHOOD
Criminal District Attorney
Bexar County, Texas
___________/s/________________
ANDREW N. WARTHEN
Assistant Criminal District Attorney
Bexar County, Texas
Paul Elizondo Tower
101 W. Nueva
San Antonio, Texas 78205
(210) 335-2414
State Bar No. 24079547
(On Appeal)
Attorneys for the State
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CERTIFICATE OF SERVICE
I, Andrew Warthen, Assistant Criminal District Attorney, Bexar County,
Texas, hereby certify that a true copy of the above and foregoing Motion was
emailed to appellant’s attorneys, John G. Jasuta, at lawyer1@johnjasuta.com, and
David A. Schulman, at zdrdavida@davidschulman.com, on July 1, 2015.
_______/s/_______
ANDREW WARTHEN
Assistant Criminal District Attorney
State Bar No. 24079547
101 West Nueva Street
San Antonio, Texas 78205
Voice: (210) 335-2414
Fax: (210) 335-2436
awarthen@bexar.org
Attorney for the State of Texas
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