Benjamin Maurine Sadler v. State

Opinion

ACCEPTED

01-14-00422-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/31/2014 2:04:32 PM

CHRISTOPHER PRINE

CLERK

No. 01-14-00422-CR

In the FILED IN 1st COURT OF APPEALS

Court of Appeals HOUSTON, TEXAS for the 12/31/2014 2:04:32 PM First District of Texas CHRISTOPHER A. PRINE Clerk

At Houston

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No. 1382570

In the 183rd District Court Of Harris County, Texas

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BENJAMIN MAURINE SADLER Appellant v.

THE STATE OF TEXAS Appellee

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STATE’S SECOND MOTION FOR EXTENSION OF TIME IN WHICH TO FILE AN 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 an extension of time in which to file the State’s brief in this cause, and,

in support thereof, presents the following:

1. On May 6, 2014, a jury convicted appellant of possession of a controlled substance with intent to deliver and sentenced him to 25 years in the Institutional Division of the Texas Department of Criminal Justice.

2. Appellant filed a timely written notice of appeal on May 6, 2014.

3. The State’s brief was due on December 31, 2014.

4. An extension of time in which to file the State’s brief is requested until January 30, 2015.

5. The following facts are relied upon to show good cause for the requested extension:

i. The undersigned attorney has been engaged in preparation for oral argument before the Fourteenth Court of Appeals on December 10, 2014 in Cause No. 14-13-00839-CR, Patrick Marcel Brown, Appellant v. The State of Texas, Appellee.

ii. The undersigned attorney has been engaged in the preparation of the State’s Post-submission Brief in Cause No. 01-12-01124- CR, Casey Demon Carmon, Appellant v. The State of Texas, Appellee.

iii. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. 14-14-00389-CR, Eric Lopez, Appellant v. The State of Texas, Appellee.

iv. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. 14-14-00139-CR, Isaac Smith, Appellant v. The State of Texas, Appellee.

v. The undersigned attorney was on Christmas vacation from December 22nd through December 26th.

WHEREFORE, the State prays that this Court will grant an additional

extension of time until January 30, 2015 in which to file the State’s brief in this

cause.

Respectfully submitted,

/s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 hudson_heather@dao.hctx.net curry_alan@dao.hctx.net

CERTIFICATE OF SERVICE

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

for service by e-filing to the following address:

Kelly Ann Smith P.O. Box 10751 Houston, Texas 77206 Tel: (281) 734-0668 Kelly.A.Smith.06@gmail.com

/s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991

Date: December 31, 2014