Hugo D. Pachas-Luna v. State ( 2015 )

ACCEPTED
01-14-00516-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/23/2015 8:34:52 AM
CHRISTOPHER PRINE
CLERK
Nos. 01-14-00516-CR, 01-14-00517-CR, 01-14-00518-CR
01-14-00519-CR, 01-14-00520-CR
FILED IN
1st COURT OF APPEALS
In the HOUSTON, TEXAS
Court of Appeals 3/23/2015 8:34:52 AM
For the CHRISTOPHER A. PRINE
Clerk
First District of Texas
At Houston
♦
Nos. 1370904, 1370905, 1370906, 1370907, 1370908
In the 230th District Court
Of Harris County, Texas
♦
HUGO PACHAS-LUNA
Appellant
v.
THE STATE OF TEXAS
Appellee
♦
State’s Third 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. The following facts are
relevant:
1. The appellant was charged in five indictments with different charges
of possession of child pornography. (1 CR 13; 2 CR 13; 3 CR 13; 4 CR
13; 5 CR 13).1 The appellant waived his right to a jury trial and pled
not guilty to the trial court. (2 RR 4-8). The trial court found him
guilty as charged. (4 RR 130-31). After a pre-sentence investigation,
the trial court assessed punishment for each case at eight years’
confinement, with the sentences to run consecutively. (5 RR 18; 1
Supp. CR 3-4; 2 Supp. CR 3-4; 3 Supp. CR 3-4; 4 Supp. CR 3-4; 5 Supp.
CR 3-4). The appellant filed timely notices of appeal and the trial
court certified his right of appeal. (1 CR 92, 94).
2. The State’s brief is due on March 23, 2015. The State requests a 30-
day extension of time in which to file its brief.
3. This is the State’s third request for extension.
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. Since this Court granted the State’s last motion for extension,
the undersigned attorney has worked on the following matters:
1. Robert Louis Martin
No. 14-14-00730-CV
Brief filed February 25, 2015
1The State will refer to the clerk’s records in the different causes as though they were
sequential volumes. Thus the record for 01-14-00516- CR will be 1 CR, the record for 01-
14-00517-CR will be 2 CR, and so on, in numerical order. If the same document appears in
all the records, the State will cite to the copy in 1 CR.
2. Jacqualien Grant
Nos. 14-13-01077-CR & 14-13-01078-CR
Brief filed February 27, 2015
3. Craig Gilder
No. 14-14-00523-CR
Brief filed March 6, 2015
4. Julio Alvarado
Nos. 01-13-00894-CR & 01-13-00895-CR
Brief filed March 19, 2015
b. To respond to the appellant’s brief, the undersigned attorney
has needed to confer with the trial prosecutor. However, the
trial prosecutor was out of the office for one week during the
last month, which delayed work on the State’s brief.
c. The undersigned attorney was out of the office for a medical
procedure on March 20, 2015.
WHEREFORE, the State prays that this Court will grant the requested
extension.
Respectfully submitted,
/s/ C.A. Morgan
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:
Sarah V. Wood
sarah.wood@pdo.hctx.net
/s/ C.A. Morgan
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: March 23, 2015