Christopher Ernest Braughton v. State

ACCEPTED
01-15-00393-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/7/2015 10:48:31 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00393-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 12/7/2015 10:48:31 AM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston

No. 1389139
In the 228th Criminal District Court
Of Harris County, Texas

CHRISTOPHER ERNEST BRAUGHTON
Appellant
V.
THE STATE OF TEXAS
Appellee

STATE’S MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW THE STATE OF TEXAS, appellee, by and through the
undersigned Assistant District Attorney, in accordance with Rules 10.5(b)(1) and
38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for
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extension of time in which to file the State’s brief in this case, and, in support
thereof, presents the following:
1. In the 228th Criminal District Court of Harris County, Texas, in cause
number 1389139, the State charged appellant by indictment with the felony
offense of murder in The State of Texas v. Christopher Ernest Braughton.
2. A jury found appellant guilty of murder as charged in the indictment and
assessed appellant’s punishment at confinement in the Texas Department of
Criminal Justice, Correctional Institutions Division, for twenty years.
3. On February 11, 2015, the trial court sentenced appellant in accordance with
the jury’s verdict and, on February 12, 2015, the court certified appellant’s
right to appeal. The trial court also entered an affirmative deadly weapon
finding in the court’s written judgment of conviction and sentence.
4. Appellant filed a motion for new trial on March 9, 2015.
5. Appellant timely filed written notice of appeal on April 16, 2015.
6. Appellant filed his appellate brief with this Court on October 5, 2015.
7. The State’s appellate brief is due on December 7, 2015.
8. This is the State’s second request for an extension.
9. The State requests that this Court extend the timeframe for the State to file
its appellate brief to January 7, 2016.
10.The facts relied upon to explain the need for this extension are:
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a. The undersigned attorney was recently assigned to this case, after the
attorney originally assigned to this case transferred to another
division in the Harris County District Attorney’s Office.
b. During the timeframe allowed for researching and preparing the
State’s appellate brief for this case, the undersigned attorney has also
been responsible for researching and preparing the State’s appellate
briefs in the following cases that are also assigned to her:
i. Juan Mendoza v. State of Texas; No. 14-15-00537-CR
ii. Darius Houston-Randle v. State of Texas; No. 14-15-00272-CR
iii. Genaro Tamayo v. State of Texas; No. 14-15-00141-CR
iv. Alicia Correa v. State of Texas; No. 01-14-00849-CR
c. The undersigned attorney has been responsible for responding to
numerous questions and requests for assistance from prosecutors in
the Trial Bureau of the Harris County District Attorney’s Office
regarding matters which were time-sensitive and critical for cases
currently in trial.
d. And, finally, the undersigned attorney has been assigned to a Harris
County District Attorney’s Office investigative team which, in
coordination with the Texas Rangers and with the Houston Police
Department, is tasked with investigating the alleged sale of human
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tissue and organs at Planned Parenthood Gulf Coast. The
investigation has been time-consuming, involving numerous meetings
and travel to Austin and Fort Worth, and thus has substantially added
to the undersigned attorney’s workload.
11. 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.
12. 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 the State an
extension of time, until January 7, 2016, for the undersigned attorney to complete
and file the State’s appellate brief in this case.
Respectfully submitted,
/S/ Melissa Hervey
MELISSA P. HERVEY
Assistant District Attorney
Harris County, Texas
State Bar No. 24053741
1201 Franklin Street, Suite 600
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Houston, Texas 77002
Telephone (713) 274-5826
Fax (713) 755-5809
Hervey_Melissa@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that the undersigned counsel has directed the e-filing
system eFile.TXCourts.gov to serve a true and correct copy of the foregoing
document to Niles Illich, appellant’s attorney of record on appeal, on December 7,
2015, at the following e-mail address, through the electronic service system
provided by eFile.TXCourts.gov:
Niles@appealstx.com
/S/ Melissa Hervey
MELISSA P. HERVEY
Assistant District Attorney
Harris County, Texas
State Bar Number: 24053741
1201 Franklin Street, Suite 600
Houston, Texas 77002
Telephone (713) 274-5826
Fax (713) 755-5809
Hervey_Melissa@dao.hctx.net
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