Alvin Pinkney v. State ( 2015 )

ACCEPTED 14-15-00428-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/14/2015 12:03:51 PM CHRISTOPHER PRINE CLERK NO. 14-1S-00428-CR ALVIN PINKNEY, FILED IN IN THE COURT OF APPEALS 14th COURT OF APPEALS APPELLANT HOUSTON, TEXAS 12/14/2015 12:03:51 PM V. FOURTEENTH SUPREME CHRISTOPHER A. PRINE JUDICIAL 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 1O.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 EVADING ARREST DETENTION WITH A VEHICLE, and was sentenced on 4/10/2015. The trial case was styled as State of Texas v. Alvill Pillklley, in the 122nd Judicial District Court of Galveston County, Texas, Cause No. 14-CR-0890. Appellant filed timely Notice of Appeal. The Appellant's brief was filed with this Court on 11/11/2015. 2. The present due date for filing the State's briefis 12/14/2015. 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 2/12/2016. 5. The State requests this extension not for delay but because during the last thirty days, the undersigned attorney for the State: 1 • Completed a State's Response Brief in Robert Rollins v. Slale, 01-14- 00769-CR on 11/16/2015. • Completed a Petition for Discretionary Review in Eric Gmr v. Stale, 01-14-00033-CR, on 11/19/2015. • Completed a State's Response Brief in Gary James Cox v. Stale, NOS. 01-15-00220-CR, 01-15-00221-CR, 01-15-00222-CR on 12/14/2015. • Filed answers, responses, agreed orders, and appeared in court for hearings or other docket matters on numerous expunctions and nondisclosures, and misidentification expunctions. 6. The State must also complete its response brief to Brian DamellJohnson v. Slate, 01-15-00101-CR, due on November 30, 2015. The State has requested an extension for December 30, 2015. 7. The State must also complete its response brief to Brandon Marlo Miller v. Slate, 14-15-00293-CR, due on December 15,2015. 8. The State must also complete its response brief to Gregory Hllrst v. State, 14-15- 00539-CR, due on February 1,2015. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to file the State's brief until February 12, 2016. Respectfully submitted, JACK ROADY CRIlYllNAL DISTRICT ATTORNEY GALVESTON COUNTY, TEXAS 2 ssistant Criminal District Attorney 600 59 th Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2355, fax (409)766-2290 State Bar Number: 24062850 allison.lindblade@co.g;t!veston.tx.us CERTIFICATE OF COMPLIANCE The undersigned Attorney for the State ce .fies this brief is computer generated, and consists of 334 words. Ass1 t Criminal District Attorney Galveston County, Texas CERTIFICATE OF SERVICE The undersigned attorney for the State certifies that a copy of the above motion was emailedl eFiled to Kevin Stryker, attorney ti Appellant, 2600 South Shore Blvd., Ste. 300, League styklerlawfirm@gmail.com on December 14,2015. ALLISON LINDBLADE Assistant Criminal District Attorney Galveston County, Texas 3 AFFIDAVIT THE STATE OF TEXAS COUNTY OF GALVESTON Before me, the undersigned authority, on December 14, 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 the information contained therein is true and correct." ssistant Criminal District Attorney Galveston County, Texas SWORN TO AND SUBSClUBED before me on December 14, 2015. ,``;:~'::~'i;, !i'.US~{.\ \ ..':}``•..~i ":::~t.:```` HEATHER GRUBEN Notary PubliC. Stote of Texos My Commtssion EXpifes ~ 6rnbt- May 06. 2019 NOTARY PUBLIC in and for the State of Texas 4