Balderas, Juan A/K/A Apache ( 2015 )

AP-77,036
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/26/2015 10:23:13 PM
Accepted 5/27/2015 8:16:45 AM
May 27, 2015
No. AP-77,036 ABEL ACOSTA
CLERK
In the
Court of Criminal Appeals of Texas

No. 1412826
In the 179th District Court
Of Harris County, Texas

JUAN BALDERAS aka APACHE
Appellant
v.
THE STATE OF TEXAS
Appellee

STATE’S MOTION FOR EXTENSION OF TIME
TO FILE BRIEF

To the Honorable Court of Criminal 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. The following facts are
relevant:
1. The appellant was indicted for capital murder. (CR 2). The appellant
pleaded not guilty. (24 RR 15-16). A jury found him guilty as charged.
(CR 3284, 3355). Based on the jury’s findings regarding special
issues that were submitted at the punishment phase, the trial court
sentenced the appellant to death. (CR 3342-45, 3355). The trial court
certified the appellant’s right of appeal and the appellant filed a
timely notice of appeal. (CR 3359, 3360).
2. The State’s brief is due on May 28, 2015. The State requests a 30-day
extension of time in which to file its brief.
3. This is the State’s first motion for extension in this case.
4. 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 undersigned attorney was assigned this case on April 29,
2015. Since then, he has worked almost exclusively on this
case.
b. The nature of this case is such that writing a brief takes a
considerable amount of time. The appellant’s brief raises 9
points in 23,488 words. The reporter’s record comprises 49
volumes and the clerk’s record is more than 3000 pages long.
WHEREFORE, the State prays that this Court will grant the requested
extension.
Respectfully submitted,
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
CERTIFICATE OF SERVICE
I certify that I have requested that efile.txcourts.gov electronically serve
a copy of this motion to:
R. Scott Shearer
shearerlegal@yahoo.com
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
Date: May 26, 2015