DocketNumber： 01-14-00517-CR
Filed Date： 2/23/2015
Status： Precedential
Modified Date： 9/29/2016
ACCEPTED 01-14-00516-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 2/23/2015 1:25:10 PM CHRISTOPHER PRINE CLERK Nos. 01-14-00516-CR, 01-14-00517-CR, 01-14-00518-CR 01-14-00519-CR, 01-14-00520-CR FILED IN 1st COURT OF APPEALS In the HOUSTON, TEXAS Court of Appeals 2/23/2015 1:25:10 PM For the CHRISTOPHER A. PRINE Clerk First District of Texas At Houston Nos. 1370904, 1370905, 1370906, 1370907, 1370908 In the 230th District Court Of Harris County, Texas HUGO PACHAS-LUNA 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. The following facts are relevant: 1. The appellant was charged in five indictments with different charges of possession of child pornography. (1 CR 13; 2 CR 13; 3 CR 13; 4 CR 13; 5 CR 13).1 The appellant waived his right to a jury trial and pled not guilty to the trial court. (2 RR 4-8). The trial court found him guilty as charged. (4 RR 130-31). After a pre-sentence investigation, the trial court assessed punishment for each case at eight years’ confinement, with the sentences to run consecutively. (5 RR 18; 1 Supp. CR 3-4; 2 Supp. CR 3-4; 3 Supp. CR 3-4; 4 Supp. CR 3-4; 5 Supp. CR 3-4). The appellant filed timely notices of appeal and the trial court certified his right of appeal. (1 CR 92, 94). 2. The State’s brief was due on February 20, 2015. The State requests a 30-day extension of time in which to file its brief. 3. This is the State’s second request for extension. 4. The following facts are relied upon to show good cause for an extension of time to allow the State to file its brief: a. Since this Court granted the State’s last motion for extension, the undersigned attorney has worked on the following matters: 1. Eric Baumgart No. 01-14-00320-CR Brief filed January 28, 2015 1The State will refer to the clerk’s records in the different causes as though they were sequential volumes. Thus the record for 01-14-00516- CR will be 1 CR, the record for 01- 14-00517-CR will be 2 CR, and so on, in numerical order. If the same document appears in all the records, the State will cite to the copy in 1 CR. 2. Raul Rodriguez No. PD-0016-14 Petition for discretionary filed February 5, 2015 3. David Sydney McKeand No. 14-14-00943-CR Brief filed February 9, 2015 4. Aaron Charles Burton Nos. 01-14-00513-CR & 01-14-00514-CR Brief filed February 25, 2015 5. Robert Louis Martin No. 14-14-00730-CV Brief due February 25, 2015, with no further extensions possible b. The undersigned attorney is assigned to receive trial court questions from nine felony courts. Since this Court granted the State’s last motion for extension, the undersigned attorney has spent roughly 11 hours answering trial court questions, and also conducted a somewhat involved jury-charge conference. WHEREFORE, the State prays that this Court will grant the requested extension. Respectfully submitted, /s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 CERTIFICATE OF SERVICE I certify that I have requested that efile.txcourts.gov electronically serve a copy of this motion to: Sarah V. Wood sarah.wood@pdo.hctx.net /s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 Date: February 23, 2015