Marcos Daniel Jimenez v. State ( 2015 )

ACCEPTED 01-15-00506-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 11/10/2015 9:30:18 AM CHRISTOPHER PRINE CLERK NO. Ol-lS-OOSOl-CR & Ol-lS-OOS06-CR MARCOS DANIEL JIMENEZ, FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS APPELLANT HOUSTON, TEXAS 11/10/2015 9:30:18 AM V. FIRST SUPREME JUDICIAL CHRISTOPHER A. PRINE DISTRICT Clerk THE STATE OF TEXAS, APPEllEE HOUSTON, TEXAS MOTION FOR EXTENSION OF TIME TO FH.E 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 on 2 cases of AGGRAVATED ROBBERY, and was sentenced on April 30, 2015. The trial case was styled as State of Texas v. Marcos DanielJimmez in the lO'h Judicial District Court of Galveston County, Texas, Cause Nos. 13-CR-1173 & 13-CR-1517. Appellant filed timely Notice of Appeal. The Appellant'S brief was filed with this Court on 10/13/2015. 2. The present due date for filing the State's brief is 11/12/2015. 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 1/12/2016. 5. The State requests this extension not for delay but because during the last forty-five days, the undersigned attorney for the State: t • Completed a reply brief on a lengthy trial in HeJ/ry Tobar v. State, 14-15- 00011-CR& 14-15-00012-CRon 9/29/2015. • Was out of state for 8 days. • Is solely responsible for all Post-Conviction Writs of Habeas Corpus for Galveston County and completed 6 post-conviction writ answers on case numbers: 10-CR-2737-83-1 & 11-CR-1029-83-1 (Willie Joh1lso1l); 12-CR-1305- 83-1 (Lewi1l Beard); 10-CR-1215-83-2 (Walter Earl Tqyloi); 10-CR-3689-83-1 (Patrick Campbe/~; 08-CR-1456-83-2 (Bobl?J JOlles); 11-CR-3162-83-1 (Lethallie! McCartei). 6. The State must also complete its response brief to Jose Pablo l.JJpez v. Stale, 01-15- 00055-CR, due on 11/19/2015. 7. The State must also complete its response brief to Gary LIvem IfJ'molt'v. State, 01- 15-00303-CR, due on 12/1/2015. 8. The State must also complete its response brief to David lVtiZ v. Siale, 14-15-00285- CR, due on 12/2/2015. 9. The State must also complete its response brief to RochawlI Ray Davis v. Slale,01-15- 00012-CR, due on 12/29/2015. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to @e the State's brief until January 12, 2016. Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY, TEXAS lsI Rebecca Kiait'll REBECCA KLAREN Assistant Criminal District Attorney 600 59'h Street, Suite 1001 Galveston County, Texas 77551 2 Tel.(409)766-2355. fax (409)766-2290 State Bar Number: 24046225 rebccca.klaren@co.galveston.tx.us CERTIFICATE OF COMPLIANCE The undersigned Attorney for the State certifies this brief is computer generated, and consists of 338 words. lsI IVbecca Klare/I REBECCA KLAREN Assistant Criminal District Attorney Galveston County, Texas CERTIFICATE OF SERVICE The undersigned attorney for the State certifies that a copy of the above motion was emailed/eFiledtoMarkW.Stevens.AttorneyforAppellant.at markwandstcv@sbcglobal.nct on November 10, 2015. lsi IVbecca Klare/I REBECCA KLAREN Assistant Criminal District Attorney Galveston County, Texas 3 AFFIDAVIT THE STATE OF TEXAS COUNTY OF GALVESTON Before me, the undersigned authority, on November 10,2015, appeared Rebecca Klaren, who by me duly sworn did depose and state on oath the following: "I, Rebecca Klaren, Attorney for the State of Texas, have read the Motion for Extension of Time to File the State's Brief, and swear that the information contained therein is true and correct." REBECCA KLAREN Assistant Criminal District Attorney Galveston County, Texas SWORN TO AND SUBSCRIBED before me on November 10, 2015. ,,,'''''/,,. l;'1fi:': HEA1H£R GRUBEN ~ ~!:``~ N010lV PubliC. State OI.Texas ~ 6V4~ !": : ¥ MY commission Expires NOTARY PUBLIC in and for \t.: ... {..;;'l May 06. 2019 the State of Texas ••" "'.,:,,(>1.~ 4