James Willis Ben v. State ( 2015 )


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  •                                                                                            ACCEPTED
    01-15-00096-cr
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    5/19/2015 8:58:09 AM
    CHRISTOPHER PRINE
    CLERK
    No. 01-15-00096-CR
    In the
    Court of Appeals              FILED IN
    1st COURT OF APPEALS
    For the               HOUSTON, TEXAS
    First District of Texas   5/19/2015 8:58:09 AM
    At Houston          CHRISTOPHER A. PRINE
                             Clerk
    No. 1452387
    In the 337th District Court
    Of Harris County, Texas
    
    JAMES WILLIS BEN
    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 with the possession of more than four grams
    of cocaine committed on February 5, 2014 (CR – 9). He pled “not
    guilty” to the charge, and the case was tried to a jury (CR – 250). The
    jury found the appellant guilty and sentenced him to 35 years in prison on
    January 22, 2015 (CR – 250). The appellant filed notice of appeal that
    same day, and the trial court certified that he had the right to appeal (CR
    – 249, 253).
    2. The State’s brief is due on May 20, 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 nearly 30 megabytes in length split over
    eight 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)      In the Interest of B.D.S. v. The State of Texas
    No. 01-14-00762-CV
    Brief filed April 28, 2015
    (2)      Jose Vasquez v. The State of Texas
    No. PD-0078-15
    Brief on PDR filed May 12, 2015
    (3)      Antonio Perez v. The State of Texas
    No. 01-12-01001-CR
    PDR filed May 12, 2015
    (4)     Johnathan Castaneda v. The State of Texas
    No. 01-14-00389-CR
    No. 01-14-00390-CR
    Brief filed May 18, 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:
    Thomas A. Martin
    Attorney at Law
    1018 Preston, Suite 500
    Houston, TX 77002-1824
    tmartin@justice.com
    /s/ Eric Kugler
    ERIC KUGLER
    Assistant District Attorney
    Harris County, Texas
    1201 Franklin, Suite 600
    Houston, Texas 77002-1923
    (713) 755-5826
    TBC No. 796910
    Date: May 19, 2015
    

Document Info

Docket Number: 01-15-00096-CR

Filed Date: 5/19/2015

Precedential Status: Precedential

Modified Date: 4/17/2021