Benedict Chinonso Emesowum v. State

Opinion

ACCEPTED 01-14-00116-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/13/2015 4:34:16 PM CHRISTOPHER PRINE CLERK

No. 01-14-00116-CR

In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS For the 3/13/2015 4:34:16 PM First District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1849562 In the County Criminal Court at Law Number 10 Harris County, Texas

BENEDICT EMESOWUM 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, 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: 1. In the County Criminal Court at Law Number 10 of Harris County, Texas, in

cause number 1849562, the Appellant was convicted, on November 12, 2013, in The State

of Texas v. Benedict Emesowum.

2. For the offense of assault of a family member, the Appellant was placed on

probation for one year and assessed a $100.00 fine.

3. After a motion for new trial was timely filed on November 19, 2013, a written

notice of appeal was timely filed on January 1, 2014.

4. The Appellant’s brief was filed with this Court on January 5, 2015.

5. The State’s brief was due to be filed with this Court on February 4, 2015.

6. An extension of time in which to file the State’s brief is requested until March 16,

2015.

7. No previous extension has been granted to the State.

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

With his numerous duties as Chief of the Appellate Division, the undersigned assistant district attorney has needed some additional time in order to respond to the appellant’s brief in this case. The undersigned attorney is also assigned to prepare the State’s briefs in the following cases:

Jimmy Earl Drummond No. 01-14-00962-CR Marco Flores No. 14-14-00663-CR

The undersigned attorney has also been called as a witness in the ongoing hearing on the application for a post-conviction writ of habeas corpus filed by David Mark Temple. The undersigned attorney has had to testify in this hearing over several days and was recalled to testify as well. WHEREFORE, the State prays that this Court will grant an extension of time until

March 16, 2015, in which to file the State’s brief in this case.

Respectfully submitted,

/s/ Alan Curry

ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been mailed to the

appellant at the following addresses on March 13, 2015:

Benedict Emesowum P.O. Box 53911 Houston, Texas 77052

ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net

Date: March 13, 2015