Arthur Alexander Office v. State

• Court: Court of Appeals of Texas
• Decided: January 8, 2015
• Docket: 01-14-00260-CR
• Status: Published

Opinion

ACCEPTED 01-14-00260-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/8/2015 3:51:05 PM CHRISTOPHER PRINE CLERK

No. 01-14-00260-CR FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE 1/8/2015 3:51:05 PM FIRST JUDICIAL DISTRICT OF TEXASCHRISTOPHER A. PRINE Clerk AT HOUSTON __________________________________ ARTHUR ALEXANDER OFFICE, APPELLANT v. THE STATE OF TEXAS, APPELLEE

STATE=S MOTION FOR EXTENSION OF TIME TO THE HONORABLE COURT OF APPEALS:

COMES NOW, THE STATE OF TEXAS, by and through the undersigned Assistant District Attorney, and moves this Court to grant an extension of time for the State to file its brief in the above styled and numbered cause. In support thereof, the State would show the following: 1. The Final Clerk=s Record was filed in this case on April 28, 2014. 2. The Reporter=s Record was filed in this case on July 11, 2014. 3. The State=s brief is due on January 5, 2015. 4. The State would respectfully request an extension of time to file its appellate brief. 5. This is the State’s first request for extension of time in this case. 6. The undersigned is one of three attorneys responsible for all appellate matters for the Fort Bend County District Attorney’s Office and is involved in the preparation of other direct appeal briefs or post- conviction writs. 7. A realistic time that the State believes it could have its appellate brief filed in the present case is April 5, 2015. 8. Therefore, the State would request an extension of time until April 5, 2015, to file its appellate brief. If there is any way to complete the State’s brief before that date, the State will forward its brief to the Court as soon as it is completed. 9. This extension is not sought for the purpose of delay.

WHEREFORE, PREMISES CONSIDERED, the State prays that this Honorable Court grant this motion and extend the deadline for filing the State=s brief in this case to April 5, 2015.

Respectfully submitted,

/s/ John J. Harrity, III JOHN J. HARRITY, III ASST. DISTRICT ATTORNEY Fort Bend County, Texas State Bar Number 09133100 301 Jackson Street, Room 101 Richmond, Texas 77469 Phone: (281) 341-4460 Fax: (281) 238-3340 John.Harrity@fortbendcountytx.gov CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been sent to Appellant’s attorney of record, Kristen Jernigan, 207 S. Austin Ave., Georgetown, Texas 78626 or at Kristen@txcrimapp.com on the date of the filing of the original with the Clerk of this Court.

/s/John Harrity

John Harrity

Certificate of Compliance with Texas Rule of Appellate Procedure 9.4(i)(3)

In accordance with Texas Rule of Appellate Procedure 9.4(i)(3), I, John Harrity, hereby certify that the foregoing electronically created document has been reviewed by the word count function of the creating computer program, and has been found to be in compliance with the requisite word count requirement in that its word count with regard to those portions of the brief subject to the word count requirement is 473 words.