Lamar Marcell Hunter v. State ( 2015 )

ACCEPTED 01-14-00895-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/7/2015 11:34:55 AM CHRISTOPHER PRINE CLERK NO.Ol-14-00895-CR LAMAR MARCELL HUNTER, IN THE COURT OF APPEALS FILED IN APPELLANT 1st COURT OF APPEALS HOUSTON, TEXAS 5/7/2015 11:34:55 AM v. FIRST SUPREME JUDICIAL CHRISTOPHER A. PRINE DISTRICT Clerk THE STATE OF TEXAS, APPELLEE HOUSTON, TEXAS MOTION FOR EXTENSION OF TIME TO FILE STATE'S RESPONSE BRIEF TO THE HONORABLE COURT OF APPEALS: Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas, pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and moves for an extension of time in which to file the State's Brief and would respectfully show the Court of Appeals as follows: 1. The appellant was convicted of AGGRAVATED SEXUAL ASSAULT OF A CHILD, and was sentenced on 8/28/2014. The trial case was styled as State of Texas v. L:zmar Marcell HI/Ilfer, in the 10th Judicial District Court of Galveston County, Texas, Cause No. 12-CR-1921. Appellant filed timely Notice of Appeal. The Appellant's brief was filed with this Court on 3/13/2015. 2. The present due date for filing the State's brief is 5/7/2015. 3. This is the State's first motion for extension of time to file its brief. 4. The State requests an extension to file its brief on or before 7/7/2015. 5. The State requests this extension not for delay but because during the last seventy- 1 five days, the undersigned attorney for the State: • Completed a State's response brief in Jordan Bllrdick v. State, 14-14-00573- CR on March 19,2015. • Completed a State's response brief in Broderick Grimes v. State, 01-14- 00661-CR on March 26, 2015. • Completed a State's resply brief in Hector Pel/a v. State, 14-14-00746-CR on April 27 , 2015. • Completed a State's response brief in Lyndon Fears v. State, 01-14-00773- CR on May 6, 2015. • Handled 94 expunctions and nondisclosures, and misidentification expunctions. • Completed 7 post-conviction writ answers on case numbers: 08- CR-2004-83-2 (Cheryl Letf); 13-CR-0151-83-1 (Gllillermo MlIno~; 11- CR-0345-83-1 (Mario Meza); 00-CR-1444-83-1 (Eldred Reid); 12-CR- 3307-83-1 (Thaddms Williams); 10-CR-1217-83-7 (Thomas Florence); 13-CR-3260-83-1 (jmnifer Adrian). • Investigated an actual innocence post-conviction writ 09-CR-1419- 83-1, Ex Parte: John Spmcer Baker, Jf.; filed the answer in this case on March 19, 2015; and filed the supplemental answer on April 29, 2015. 6. The State must also complete its response brief to Uonel Franklill v. State, 14- 14-00559-CR, due on 5/18/2015. 7. The State must also complete its supplemental brief to JOllathan Leal v. State, 14-13-00208-CR, due on 5/22/2015. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to file the State's brief until July 7, 2015. 2 Respectfully submitted, JACK ROADY ClUMI ALDISTlUCT ATTORNEY G TON COUNTY, TEXAS s riminal District Attorney th 600 59 Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2355, fax (409)766-2290 State Bar Number: 24062850 allison.lindblade@co.ga!veston.tx.us CERTIFICATE OF COMPLIANCE The undersigned Attorney for the State certifies this brief is computer generated, and consists of 360 words. A'fJ``MI INDBLADE 'AlilSls"tant Criminal Dis trict Attorney Galveston County, Texas 3 CERTIFICATE OF SERVICE The undersigned attorney for the State certifies that a copy of the above morion was faxed/ emailed/ eFiled / or mailed to Kyle Verrett, Attorney for Appellant, at kyle@verret.t1aw.com or 2029 Strand, Suite 3, Galveston, TX 77550, on May 7, 2015. mtl¥tt'Criminai District Attorney ..............ston County, Texas 4 AFFIDAVIT THE STATE OF TEXAS COUNTY OF GALVESTON Before me, the undersigned authority, on May 7, 2015, appeared Allison Lindblade, who by me duly sworn did depose and state on oath the following: "I, Allison Lindblade, Attorney for the State of Texas, have read the Motion for Extension of Time to File the State's Brief, and swear that e and correct." sistant Criminal District Attorney Galveston County, Texas SWORN TO AND SUBSCRIBED before me on May 7, 2015. Q~h:1~ NOTARY PUBLIC in and for the State of Texas e• ••• r..AnlERlNEN.E9ON :' MY COMMISSION EXPIRES Februaly19.al17 5