Jose Pablo Lopez v. State ( 2015 )

ACCEPTED
01-15-00055-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/29/2015 4:15:55 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00055-CR
IN THE COURT OF APPEALS FOR THE FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
FIRST DISTRICT OF TEXAS 6/29/2015 4:15:55 PM
CHRISTOPHER A. PRINE
AT HOUSTON Clerk
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NO. 01CR1330
IN THE 122 ND DISTRICT COURT
OF GALVESTON COUNTY, TEXAS
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JOSE PAB LO LOP EZ, APPELLANT
V.
THE STA TE OF T EXAS, APPELLEE
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APPELLANT’S MOTION FOR SECOND EXTENSION
OF TIME TO FILE BRIEF OF APPELLANT AND TO
FILE BRIEF IN EXCESS OF 15,000 WORDS
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Winston E. Cochran, Jr.
Attorney at Law
Texas Bar No. 04457300
P.O. Box 2945
League City, TX 77574
(713)228-0264
E-mail: winstoncochran@comcast.net
Counse l for Appellant,
Court-a ppo inted on appe al.
TO THE HONOR ABLE C OURT O F APPE ALS:
COMES NOW the appe llant, Jose P ablo Lope z, through the und ersigned co urt-
appointed co unsel, and respec tfully requests that this Co urt grant a second extension
of time for filing the app ellant’s b rief, for thirty days, until July 29, 2015. In addition,
the appellant requests leave to file a brief containing in excess of 15,000 words, which
is the limit set by TEX. R. APP. PR OC. 9.4(i)(2)(B). As grounds for these requests,
the appe llant submits the following.
1. The appellant was indicted for Capital Murder, in violation of TEX. PENAL
CODE §19.0 3. In a long-de layed pros ecution, the a ppellant wa s tried before a jury,
which found him guilty of Capital M urder. Punishme nt was a ssess ed at co nfinement
for life in the Texas De partment of Criminal Justice, C orrectional Institutions D ivision.
The appellant unsuccessfully sought a new trial in the district court, and he timely
appea led to this Co urt.
2. The app ellant’s brief in this cause is due on June 29, 20 15, purs uant to a
first extension.
3. The app ellant requests a sec ond extension of time to file his brief in this
cause for thirty (30) days, until July 29, 2015.
4. The reasons for the requested extension of time are as follows:
A. Since the previous extension request in this cause, the appellant’s counsel
has done a large amount of work on the appellant’s brief, but needs additional time to
complete it. During this same period, the appellant’s counsel also has been occupied
with other trial and a ppellate matte rs, including the following:
(1) State v. Ro yce Ada ms III – seven-day trial in the 212 th District Court
of Galvesto n County;
(2) State v. Darcie Spillers – preparation for a trial in the 405 th District
Court of G alveston C ounty which w as continued at the State ’s reque st;
(3) Pete Russell, Jr. v. William Stephens, Director, TDCJ-CID –
investigation of a possible discovery violation in a state Capital Murder
prosecution resulting in assessment of the death penalty, purs uant to
counsel’s appointment for proceedings before the United States District
Court for the Southern District of Texas under 28 U.S.C. §2254;1 and
(4) Numerous pleas a nd other non-jury s ettings in the district and
county courts of Galvesto n County.
B. While working on the draft of this brief, counsel realized that adequate
briefing may require a brief in excess of the 15,000-word limit. Thus filing the brief
bec omes co ntingent upo n a decision co ncerning the length of the brief.
5. Counsel b elieves it will be necessary to file a brief in excess of 15,000
words. This belief is base d on: the length and c omplexity of the factual statement for
the brief, the existence of a sufficiency-of-evidence issue, the existence o f a novel issue
concerning extradition, and the existence of four related is sues attacking the automatic
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Proving the old adage “Better late than never,” the investigation now going o n in the
Russell federal proceedings relates to an item of evidence which apparently escaped the attention
of state habeas attorneys.
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punishment of life without parole. Counsel previously has b riefed those p unishment-
stage issues several times, either for adult defendants or juvenile defendants, and knows
that full briefing of this cluster of issues can consume a large number of pages. Counsel
believes a w ord limit of 25,000 words would be sufficient.
6. The factual matters set forth within this motion are within the personal
knowled ge of the unders igned attorney.
Wherefore the appellant prays that this motion be granted , that the time for filing
the a ppe llant’ s brief be exte nded until July 29, 20 15, and that a brief of up to 25,000
words be permitted.
Respectfully submitted,
/s/ Winston E. C ochran, Jr.
Winston E. Cochran, Jr.
Attorney at Law
Texas Bar No. 04457300
P.O. Box 2945
League City, TX 77574
(713)228-0264
E-mail: winstoncochran@comcast.net
Counse l for Appellant,
Court-a ppo inted on appe al.
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CERTIFICATE OF SERVICE
I certify that a cop y of this motion is being serve d in person o n counsel for the
State at the following address on June 29, 2015:
Galveston County District Attorney’s Office
Appellate Division
Attention: Rebecca Klaren
600 59 th Street
Galveston, TX 77551
/s/ Winston E. C ochran, Jr.
Counse l for Appellant
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