Arturo Chavez, Jr. v. State

Opinion

ACCEPTED

01-14-00232-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 1/26/2015 1:34:15 PM CHRISTOPHER PRINE

CLERK

No. 1-14-00232-CR In the

Court of Appeals FILED IN 1st COURT OF APPEALS

For the HOUSTON, TEXAS First District of Texas 1/26/2015 1:34:15 PM At Houston CHRISTOPHER A. PRINE  Clerk

No. 2338052 th

In the 338 Judicial District Court Of Harris County, Texas  ARTURO CHAVEZ Appellant V.

THE STATE OF TEXAS Appellee



STATE’S 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 and in its motion, would

show the Court the following:

1. The appellant was charged with murder, convicted, and sentenced to

incarceration for life on November 22, 2013 (CR – 6, 609-610).

Appellant filed notice of appeal on February 14, 2014 (CR-616).

2. The State’s brief was due on January 12, 2015. The State hereby

requests a 30-day extension for the filing of the State’s brief.

3. The following facts are relied upon to show good cause for an extension

of time to allow the State to file its brief:

a. The State did not receive a copy of appellants brief until Friday, January 23, 2015, and the undersigned attorney was not assigned this case until January 26, 2015.

b. The undersigned attorney just started work at the Harris County District Attorney’s Office and today is her first day. It will take some time to get acquainted with the procedures of the office the filing of briefs.

c. The undersigned attorney has also been assigned four other briefs as of today, two of which are also overdue:

(1) Louis Charles Kirk v. The State of Texas No. 14-14-00168-CR Brief filed December 4, 2014

(2) Ronald Robinson v. The State of Texas No. 1-14-00656-CR Brief filed January 12, 2015

(3) Norman Andrew Puckett v. The State of Texas No. 14-14-00313-CR Brief filed January 6, 2015

(4) Maatthew Vincent Woodard v. The State of Texas No. 14-13-00609-CR Brief filed December 14, 2015

WHEREFORE, the State prays that this Court will grant the requested extension.

Respectfully submitted,

/s/ Kimberly Stelter KIMBERLY STELTER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Stelter_Kimberly@dao.hctx.net TBC No. 19141400

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov to:

Matt Hennessy Attorney at Law 1018 Preston, 7th Floor Houston, Texas 77002 matt@deguerin.com /s/ Kimberly Stelter KIMBERLY STELTER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Stelter_Kimberly@dao.hctx.net TBC No. 19141400 (713) 755-5826 TBC No. 796910

Date: January 26, 2015