Balderas, Juan A/K/A Apache

Opinion

AP-77,03'

FILED IN COURT OF CRIMINAL APPEAL COURT OF CRIMINALAPPEALS AUSTIN, TEXA Transmitted 8/7/2015 10:33:00 Al Accepted 8/7/2015 10:35:53 Al AUGUST 7, 2015 ABEL ACOST No.AP-77.036 CLER

ABEL ACOSTA, CLERK In the

Court of Criminal Appeals of Texas At Austin

No. 1412826

In the 179th District Court Of Harris County, Texas

JUAN BALDERAS aka APACHE

Appellant

v.

THE STATE OF TEXAS

Appellee

STATE'S UNOPPOSED MOTION TO RESCHEDULE ORAL ARGUMENT

To the Honorable Court of Appeals:

This Court has scheduled that the case be submitted on oral arguments

on September 16, 2015. The State requests that this Court reschedule the oral

arguments in this case for a later date. In support of this motion, the State

would show the following:

1. This is a capital murder conviction for which the penalty has been

assessed at death. The record in this case is extensive, as is the

briefing of the parties.

2. The State's appellate counsel has a pre-paid extended international

vacation covering early September. The return flight (which is 13

hours long) is scheduled to land in Houston at 6 pm on Monday,

September 14. Assuming the flight arrives on time, that is 39 hours

before the presently scheduled oral argument in this case. Factoring

in jet lag, reacclimating to the central time zone, and then driving to

Austin, the State's appellate counsel does not believe he will have

enough time to adequately prepare for argument on September 16,

and, moreover, it is possible that he will not be in top mental form

that day. The State's appellate counsel considered using some of his

vacation to prepare for argument, but the State's appellate counsel

still does his reading and research on paper, and the logistics of

carrying around the appellate record in a death case on an extended

vacation make that option extremely impractical.

3. The undersigned attorney has spoken with defense counsel, Scott

Shearer, and he is not opposed to rescheduling oral argument.

WHEREFORE, the State prays that this Court will reschedule oral argument for

a date later than September 16.

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(5)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:

R. Scott Shearer shearerlegal(5)yahoo.com Counsel for Appellant

/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(5)dao.hctx.net TBC No. 24071454

Date: August 7. 2015