Walter Harvey Ballard, Jr. v. State ( 2015 )

ACCEPTED
01-15-00275-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/31/2015 9:54:53 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00275-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
for the 12/31/2015 9:54:53 AM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston

No. 1390115
In the 183rd District Court
Of Harris County, Texas

WALTER HARVEY BALLARD, JR.
Appellant
v.
THE STATE OF TEXAS
Appellee

STATE’S SECOND MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE AN APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW THE STATE OF TEXAS, in accordance with Rules
10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this
motion for an extension of time in which to file the State’s Brief in this cause, and,
in support thereof, presents the following:
1. On February 26, 2015, appellant was convicted by a jury of possession of
child pornography and sentenced to a term of 13 years in the Institutional
Division of the Texas Department of Criminal Justice.
2. Appellant filed a timely written notice of appeal.
3. The State’s Brief was due on December 30, 2015.
4. An extension of time in which to file the State’s Brief is requested until
January 29, 2016.
5. The following facts are relied upon to show good cause for the requested
extension:
i. The undersigned attorney has been engaged in the preparation
of the State’s Brief in Cause No. 14-15-00432-CR, Amos
Sifuentes, Appellant v. The State of Texas, Appellee, which was
filed on December 11, 2015.
ii. The undersigned attorney has been engaged in the preparation
of the State’s Brief in Cause No. 01-15-00636-CR, Irvin Notias,
Appellant v. The State of Texas, Appellee, which is due to be
filed on January 13, 2016.
iii. The undersigned attorney was on vacation from December 12,
2015 through December 19, 2015.
WHEREFORE, the State prays that this Court will grant an additional
extension of time until January 29, 2016 in which to file the State’s Brief in this
cause.
Respectfully submitted,
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
hudson_heather@dao.hctx.net
curry_alan@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been submitted
for service by e-filing to the following address:
Maverick Ray
1419 Franklin St.
Houston, Texas 77002
(713) 389-0940
maverickraylaw@gmail.com
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
Date: December 31, 2015