Isreal Montoya Alcaraz v. State ( 2015 )

ACCEPTED
01-14-00675-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/23/2015 2:47:29 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00675-CR
No. 01-14-00676-CR FILED IN
1st COURT OF APPEALS
In the HOUSTON, TEXAS
Court of Appeals 6/23/2015 2:47:29 PM
For the CHRISTOPHER A. PRINE
Clerk
First District of Texas
At Houston
♦
Nos. 1394947 & 1394948
In the 174th Criminal District Court
Of Harris County, Texas
♦
ISRAEL MONTOYA ALCARAZ
Appellant
V.
THE STATE OF TEXAS
Appellee
♦
STATE’S MOTION FOR EXTENSION OF TIME IN WHICH
TO FILE APPELLATE BRIEF
♦
TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) & 38.6(d),
moves for an extension of time within which to file its appellate brief. In support
of its motion, the State submits the following:
1. Appellant was charged with one count of aggravated sexual assault of
a child and one count of possession of child pornography.
2. Appellant entered a plea of “guilty” to both charges.
3. After a PSI hearing, appellant was sentenced to confinement for 50
years and 10 years respectively.
4. Appellant filed a written notice of appeal on July 17, 2014.
5. Appellant’s brief was filed February 3, 2015.
6. The State’s brief was due March 5, 2015.
7. The State seeks an extension until today, June 23, 2015, to file its
brief.
8. The following facts are relied upon to show good cause for the
requested extension:
a. The undersigned attorney has filed 3 briefs in the last 30
days and has 5 more briefs due in the next 30 days.
b. In the last several months, the undersigned attorney has
attended three funerals out of town, two of which were
close family members. Additionally, the undersigned
attorney took time off for a sick family pet that passed away
a month ago.
c. The State’s motion is not for purposes of delay, but so that
justice may be done.
WHEREFORE, the State prays that this Court will grant the requested
extension until June 23, 2015.
Respectfully submitted,
/s/ Bridget Holloway
BRIDGET HOLLOWAY
Assistant District Attorney
Harris County, Texas
Harris County Criminal Justice Center
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
Texas Bar No. 24025227
holloway_bridget@dao.hctx.net
CERTIFICATE OF SERVICE
This certifies the undersigned attorney requested that a copy of this
document be served to appellant’s attorneys via TexFile at the following email on
June 23, 2015:
Angela L. Cameron
Assistant Public Defender
Email: angela.cameron@pdo.hctx.net
/s/ Bridget Holloway
BRIDGET HOLLOWAY
Assistant District Attorney
Harris County, Texas
Harris County Criminal Justice Center
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
Texas Bar No. 24025227
holloway_bridget@dao.hctx.net