Balderas, Juan A/K/A Apache

Opinion

AP-77,036

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 5/26/2015 10:23:13 PM Accepted 5/27/2015 8:16:45 AM May 27, 2015 No. AP-77,036 ABEL ACOSTA CLERK

In the

Court of Criminal Appeals of Texas



No. 1412826

In the 179th District Court Of Harris County, Texas



JUAN BALDERAS aka APACHE

Appellant

v.

THE STATE OF TEXAS

Appellee



STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF 

To the Honorable Court of Criminal 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 capital murder. (CR 2). The appellant

pleaded not guilty. (24 RR 15-16). A jury found him guilty as charged.

(CR 3284, 3355). Based on the jury’s findings regarding special

issues that were submitted at the punishment phase, the trial court

sentenced the appellant to death. (CR 3342-45, 3355). The trial court

certified the appellant’s right of appeal and the appellant filed a

timely notice of appeal. (CR 3359, 3360).

2. The State’s brief is due on May 28, 2015. The State requests a 30-day

extension of time in which to file its brief.

3. This is the State’s first motion for extension in this case.

4. 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 undersigned attorney was assigned this case on April 29, 2015. Since then, he has worked almost exclusively on this case.

b. The nature of this case is such that writing a brief takes a considerable amount of time. The appellant’s brief raises 9 points in 23,488 words. The reporter’s record comprises 49 volumes and the clerk’s record is more than 3000 pages long.

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

extension.

Respectfully submitted,

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:

R. Scott Shearer shearerlegal@yahoo.com

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: May 26, 2015