Aaron Charles Burton v. State

• Court: Court of Appeals of Texas
• Decided: January 28, 2015
• Docket: 01-14-00514-CR
• Status: Published

Opinion

ACCEPTED 01-14-00513-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/28/2015 11:30:48 AM 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 1/28/2015 11:30:48 AM 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

AARON CHARLES BURTON 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 indicted for evading arrest with a motor vehicle

and possession of a controlled substance. (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 is due on January 28, 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:

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. Since this Court granted the State’s first motion for extension, the undersigned attorney has worked on the following cases:

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

2. Brian Wei No. PD-1613-14 Petition for discretionary review filed January 6, 2015

3. State of Texas v. Joshua Grabow No. 1380708 in the 248th District Court Handled lengthy jury-charge conference on January 8, 2015

4. Cedric Hopes No. 14-14-00403-CR Brief filed January 14, 2015

5. Gary Ishmael Bolin Nos. 14-14-00521-CR & 14-14-00522-CR Brief filed January 14, 2015

6. Jose Treto No. 14-14-00369-CR Brief filed January 15, 2015

7. Octaviano Sanchez Nos. 14-14-00003-CR et seq. Oral argument held January 22, 2015.

8. Eric Baumgart No. 01-14-00320-CR Brief filed January 28, 2015 b. In addition to these cases (and this case), the undersigned attorney presently has assigned to him four 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 is assigned to receive trial court questions from nine felony courts. Though writing briefs is his primary duty, the undersigned attorney spends roughly 10% of his time answering these trial court questions.

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: January 28, 2015