Aaron Charles Burton v. State

Opinion

ACCEPTED

01-14-00513-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/31/2014 3:09:01 PM

CHRISTOPHER PRINE

CLERK

Nos. 01-14-00513-CR & 01-14-00514-CR

In the FILED IN 1st COURT OF APPEALS

Court of Appeals HOUSTON, TEXAS For the 12/31/2014 3:09:01 PM First District of Texas CHRISTOPHER A. PRINE Clerk

At Houston

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Nos. 1330898 & 1330899 In the 351st District Court Of Harris County, Texas

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AARON CHARLES BURTON

Appellant

v.

THE STATE OF TEXAS

Appellee

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STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

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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 indicted for evading arrest with a motor vehicle

and possession of a motor vehicle. (1 CR 8; 2 CR 8)1. Both

indictments alleged two prior felony convictions, with one having

been committed after the other became final. (1 CR 8; 2 CR 8). The

appellant pleaded not guilty to both charges. (3 RR 3-4). A jury found

him guilty as charged. (1 CR 87-88; 2 CR 84, 88). The appellant

pleaded true to all the enhancement allegations and the trial court

assessed his punishment in both cases at thirty years’ confinement,

with the sentences to run concurrently. (1 CR 88, 2 CR 88). The

appellant filed a timely notice of appeal for both cases. (1 CR 91; 2 CR

91). The records do not contain trial court certifications of the

appellant’s right of appeal.

2. The State’s brief was due on December 29, 2014. The State requests a

30-day extension of time in which to file its brief.

3. This is the State’s first 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:

1For ease of citation, the State will refer to the clerk’s records in these as though they were sequentially-numbered volumes. Thus, the record for 01-14-00513-CR (the evading case) will be 1 CR, and the record for 01-14-00514-CR (the possession case) will be 2 CR. Also, the State notes that the clerk failed to paginate the record for the evading case. For 1 CR, the State will use the PDF page numbers.

a. This case was assigned to the undersigned attorney on November 21, 2014. Since then, the undersigned attorney has worked on the following appellate cases:

1. John Joseph Priest No. 14-14-00159-CR Brief filed December 2, 2014

2. Richard Charles Riette No. 01-14-00203-CR Brief filed December 5, 2014

3. Rodney Wayne Allen No. 14-13-01030-CR Oral argument held December 9, 2014 Post-submission brief filed December 19, 2014

4. Shane Allen Mikel No. 01-14-00277-CR Brief filed December 31, 2014

b. In addition to these cases (and this case), the undersigned attorney presently has assigned to him five other cases with active deadlines. This workload is common in the appellate section of the Harris County District Attorney’s office, thus offloading this work to others is not a realistic option.

c. The undersigned attorney took off the week of December 22-

26 for Christmas celebrations and to plan and attend a memorial service for a family member.

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:

Tony Aninao taninao@hotmail.com

/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: December 31, 2014