Oscar Rene Rivera v. State ( 2015 )

ACCEPTED
01-15-00239-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/23/2015 3:25:52 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00239-CR
No. 01-15-00240-CR
FILED IN
In the 1st COURT OF APPEALS
HOUSTON, TEXAS
Court of Appeals 11/23/2015 3:25:52 PM
For the CHRISTOPHER A. PRINE
First District of Texas Clerk
At Houston

Nos. 1423701, 1423702
In the 185th District Court
Of Harris County, Texas

OSCAR RENE RIVERA
Appellant
V.
THE STATE OF TEXAS
Appellee

STATE’S SECOND 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 and in its motion, would show
the Court the following:
1. The State charged the appellant with indecency with a child and
sexual assault of a child, and the jury found the appellant guilty (1 CR
14, 100; 2 CR 17, 110; 4 RR 93).1 For indecency with a child, the trial
court sentenced him in accordance with the jury’s verdict to ten years
1
Due to there being two separate cases, the clerk’s record for trial court cause number 1423701
will be referred to as “1 CR” and the clerk’s record for trial court cause number 1423702 will be
referred to as “2 CR.”
in the Texas Department of Criminal Justice, Institutional Division
probated and a $10,000 fine probated (1 CR 119; 5 RR 7). For sexual
assault of a child, the trial court sentenced him in accordance with
the jury’s verdict to eight years in prison in the Texas Department of
Criminal Justice, Institutional Division (2 CR 124; 5 RR 7). The trial
court granted the State’s motion to cumulate the sentences (1 CR 122;
5 RR 10). The appellant gave timely notice of appeal, and the trial
court certified that he had the right to appeal (1 CR 88, 129-30; 2 CR
101, 130-31). The State’s brief is due on November 23, 2015. This is the
State’s second request for an extension. 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 record in this case is over forty-three megabytes in length split
over seven volumes and will take some time to process. The
appellant brings two points of error.
b. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) Alfredo Lara v. The State of Texas
01-15-00472-CR
Brief Filed September 24, 2015
(2) Tyran Riley v. The State of Texas
14-15-00081-CR
Brief Filed October 6, 2015
(3) Christian A. Norris v. The State of Texas
01-15-00484-CR, 01-15-00485-CR
Brief Filed October 13, 2015
(4) Juan Jose Quintero v. The State of Texas
14-15-00252-CR
Brief Filed October 27, 2015
(5) Edgar Gutierrez v. The State of Texas
01-15-00490-CR
Brief Filed November 12, 2015
(6) Rodney Sewell v. The State of Texas
14-15-00216-219-CR
Brief Due November 23, 2015
(7) Darrell D. Broussard v. The State of Texas
01-15-00628-CR
Brief Due December 10, 2015
(8) Miguel Gomez v. The State of Texas
01-15-00179-CR
Brief Due December 14, 2015
(9) Corey Douglas-Myers v. The State of Texas
01-15-00610-CR
Brief Due December 20, 2015
c. The undersigned attorney also had oral argument in the
Fourteenth Court of Appeals on Thursday, October 29
regarding Odel Allen v. The State of Texas, 14-14-00708-CR.
d. The undersigned attorney also had oral argument in the
Fourteenth Court of Appeals on Tuesday, November 10
regarding Larry Torres v. The State of Texas, 14-15-00155-158-
CR.
Consequently, the undersigned attorney has been unable to
complete the State’s reply brief in this case in the time permitted
despite due diligence, and the requested extension of time is
necessary to permit the undersigned attorney to adequately
investigate, complete, and file the State’s appellate brief for this
cause. The State’s motion is not for purposes of delay, but so that
justice may be done.
WHEREFORE, the State prays that this Court will grant a thirty day extension of
time for the undersigned attorney to complete and file the State’s appellate brief in
this case.
Respectfully submitted,
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Randall Ayers
PO Box 1569
Houston, TX 77251-1569
(281) 493-6333/o
(281) 493-9609/f
rjayers@comcast.net
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
Date: November 23, 2015