Anthony D Alford v. State

Opinion

ACCEPTED 14-15-00360-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/28/2015 10:36:29 AM CHRISTOPHER PRINE CLERK

No. 14-15-00360-CR

In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 9/28/2015 10:36:29 AM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston

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No. 1386895 In the 176th Criminal District Court Of Harris County, Texas

ANTHONY D. ALFORD 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, in accordance with

Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files

this motion for extension of time in which to file the State’s brief in this case, and,

in support thereof, presents the following:

Page 1 of 5 1. In the 176th Criminal District Court of Harris County, Texas, in cause

number 1386895, the State charged appellant by indictment with the

second-degree felony offense of sexual assault of a child in The State of

Texas v. Anthony D. Alford, and also alleged two punishment-enhancement

paragraphs.

2. A jury found appellant guilty as charged in the indictment.

3. On April 10, 2015, the trial court found the State’s punishment-

enhancement allegations “true” and sentenced appellant to confinement in

the Texas Department of Criminal Justice, Correctional Institutions

Division, for sixty years.

4. Appellant timely filed written notice of appeal on April 10, 2015.

5. Appellant filed his appellate brief with this Court on August 27, 2015.

6. The State’s appellate brief is due on September 28, 2015.

7. This is the State’s first request for an extension.

8. The State requests that this Court extend the timeframe for the State to file

its appellate brief to October 28, 2015.

9. The facts relied upon to explain the need for this extension are:

a. During the timeframe allowed for researching and preparing the

State’s appellate brief for this case, the undersigned attorney has also

Page 2 of 5 been responsible for researching and preparing the State’s appellate

briefs in the following cases that are also assigned to her:

i. James Agbeze v. State of Texas; No. 14-15-00474-CR

ii. Geraline Lincoln v. State of Texas; No. 14-14-00957-CR, No.

14-14-00959-CR

iii. Erick Eduardo Hernandez v. State of Texas; No. 14-15-00209-

CR

iv. Joe Lee Bowden v. State of Texas; No. 14-14-00955-CR

v. Juan Mendoza v. State of Texas; No. 14-15-00537-CR

vi. Roy Vasquez v. State of Texas; No. 01-15-00813-CR

b. 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.

c. 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

tissue and organs at Planned Parenthood Gulf Coast. The

Page 3 of 5 investigation has been time-consuming, has required travel to Austin

and Fort Worth, and, thus, has substantially added to the undersigned

attorney’s workload.

10.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.

11. 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 October 28, 2015, 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 Houston, Texas 77002 Telephone (713) 755-5826

Page 4 of 5 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has

been served upon Hattie Sewell Shannon, appellant’s attorney of record on appeal,

on September 28, 2015, at the following e-mail address, through the electronic

service system provided by eFile.TXCourts.gov:

hattieshannon52@yahoo.com

MELISSA P. HERVEY Assistant District Attorney Harris County, Texas State Bar Number: 24053741 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

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