Benny Cavazos Valverde v. State

Opinion

ACCEPTED 04-14-00338-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/1/2015 8:44:10 AM KEITH HOTTLE CLERK

NO. 04-14-00338-CR

BENNY C. VALVERDE, § IN THE FOURTH FILED DISTRICT IN Appellant § 4th COURT OF APPEALS SAN ANTONIO, TEXAS § 7/1/2015 8:44:10 AM v. § COURT OF APPEALS KEITH E. HOTTLE § Clerk STATE OF TEXAS, § Appellee § SAN ANTONIO, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

NOW COMES, Nicholas “Nico” LaHood, Criminal District Attorney of Bexar

County, Texas, and undersigned Counsel for the State of Texas, and files this Motion

asking that the Court extend the time for filing the State’s brief.

I.

This case is on appeal from the 227th District Court of Bexar County, Texas. The

style and number of the case in the trial court is Benny Cavazos Valverde v. The State of

Texas, Cause No. 2012-CR-3980. The deadline for filing the State’s brief is July 1, 2015.

The State seeks an extension of time of up to 31 days until at least August 1, 2015. This

is the State’s first request for an extension of time.

II.

This extension is not sought for the purpose of delaying this appeal. Undersigned

counsel for the State was until recently assigned to another section in the District

Attorney’s Office, assisting with appellate briefs only part time. After a routine rotation

of office personnel, undersigned counsel was assigned to the Appellate Division full time

1 but had to take over cases left behind by another counsel. As a result, undersigned

counsel is just now getting a chance to review this case for the first time, as well as

working on other appeals. Therefore, counsel respectfully asks that the extension be

granted.

III.

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays that the

Court grant an extension of time until at least August 1, 2015, for filing the State’s brief.

Respectfully submitted,

NICHOLAS “NICO” LaHOOD Criminal District Attorney Bexar County, Texas

___________/s/________________ ANDREW N. WARTHEN Assistant Criminal District Attorney Bexar County, Texas Paul Elizondo Tower 101 W. Nueva San Antonio, Texas 78205 (210) 335-2414 State Bar No. 24079547 (On Appeal) Attorneys for the State

2 CERTIFICATE OF SERVICE

I, Andrew Warthen, Assistant Criminal District Attorney, Bexar County,

Texas, hereby certify that a true copy of the above and foregoing Motion was

emailed to appellant’s attorneys, John G. Jasuta, at lawyer1@johnjasuta.com, and

David A. Schulman, at zdrdavida@davidschulman.com, on July 1, 2015.

_______/s/_______ ANDREW WARTHEN Assistant Criminal District Attorney State Bar No. 24079547 101 West Nueva Street San Antonio, Texas 78205 Voice: (210) 335-2414 Fax: (210) 335-2436 awarthen@bexar.org

Attorney for the State of Texas