Gustavo Andres Vasquez v. State ( 2015 )

ACCEPTED
14-15-00380-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
7/30/2015 2:38:09 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00380-CR
In the
Court of Appeals FILED IN
For the 14th COURT OF APPEALS
HOUSTON, TEXAS
Fourteenth District of Texas 7/30/2015 2:38:09 PM
At Houston CHRISTOPHER A. PRINE
 Clerk
No. 1412198
In the 230th District Court of
Harris County, Texas

GUSTAVO ANDRES VASQUEZ
Appellant
v.
THE STATE OF TEXAS
Appellee

STATE’S MOTION TO EXTEND ABATEMENT

TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW THE STATE OF TEXAS, and files this motion to extend the
abatement of this appeal to permit the trial court to submit findings of facts and
conclusions of law on the voluntariness of appellant’s statement. See TEX. CODE CRIM.
PROC. art. 38.22. In support thereof the State presents the following:
1. In the 230rd district court of Harris County, Texas, cause 1412198, the State of
Texas v. Gustavo Andres Vasquez, appellant, was convicted of murder on April
16, 2015.
2. He was assessed punishment of confinement for life in the Institutional
Division of the Texas Department of Criminal Justice.
3. Prior to the jury trial, January 22, 2015, the court held a hearing on the
defendant’s motion to suppress his statement. The motion was denied.
4. Appellant filed his notice of appeal on April 1, 2015.
5. This Court abated the appeal on June 30, 2015, for the trial court to issue
findings of fact and conclusions of law regarding the voluntariness of
appellant’s statement.
6. The facts relied upon to explain the need for this extension are:
The attorneys who handled the January 2015 motion to suppress, and are
therefore aware of the facts and findings, are no longer assigned to the 230th
District Court. One prosecutor, Lauren Bard, is out of the office until
August 5, 2015. The other, Sarah Roberts, was in trial on an aggravated
robbery the week of July 27, 2015 which consumed much, if not all, of her
time. Accordingly, the State needs more time to present the court with their
proposed findings of facts and conclusions of law.
WHEREFORE, the State prays that this Court will grant an extension of time
until August 30, 2015.
Respectfully submitted,
/s/ Claire Morneau
Claire Morneau
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-6136
TBC No. 24079024
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been mailed to the
appellant’s attorney at the following address on July 30, 2015:
Melissa Martin
Frances Bourliot
Public Defender’s Office
1201 Franklin, 13th Floor
Houston, Texas 77002
/s/ Claire Morneau
Claire Morneau
Assistant District Attorney
Harris County, Texas
Date: July 30, 2015