Bexar County District Attorney's Office v. Frank Hernandez

• Court: Court of Appeals of Texas
• Decided: January 30, 2015
• Docket: 04-14-00792-CV
• Status: Published

Opinion

ACCEPTED 04-14-00792-Cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 04-14-00792-CV 1/30/2015 11:12:24 AM KEITH HOTTLE CLERK NO. 2011-CI-14755

FRANK HERNANDEZ § IN THE DISTRICT COURT FILED IN VS 150TH 4th COURT OF APPEALS JUDICIAL DISTRICT § SAN ANTONIO, TEXAS 01/30/2015 11:12:24 AM STATE Of TEXAS § BEXAR COUNTY, TEXAS KEITH E. HOTTLE Clerk

FIRST MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF

TO THE HONORABLE COURT Of APPEALS:

NOW COMES, NICHOLAS “NICO” LAHOOD, Criminal District Attorney

of Bexar County, Texas, and Counsel for the State of Texas, and files this first

motion asking the Court extend the time for filing the State’s brief in the above

cause.

I. Statement of the Case

1. This is a Chapter 59 seizure case.

2. The style and number of the case in the trial court is 2011-CT- 14755. frank Hemandez v. The State of Texas.

3. The State is appealing the Courts ruling on its Plea to the Jurisdiction which the State filed on September 29, 2014. 166th 4. That Plea was denied by the Honorable Judge Salinas on the Judicial Court Of Bexar County on December 30, 2014.

5. The deadline for the State’s Appeal is January 30, 2015.

6. This is the State’s first request for an 30-day extension.

1 II. Reasons for Extension

This extension is not sought for the purposes of delaying this appeal; but for

the following reasons:

1. Counsel for the State is currently handling his regular asset forfeiture docket of 300 + cases while pursuing this appeal.

2. Counsel for the State has recently had to physically move his office location due to the recent election of a new Criminal District Attorney.

3. This is only the second Appeal for the Counsel for the State.

The State is asking the Court for a 30 day extension in order to complete its brief.

The State has not requested nor have any other extensions already been granted.

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays the

Court grant an extension of time for an additional thirty days for filing the State’s

brief.

2 Respectfully submitted,

Nicholas “Nico” LaHood Criminal District Attorney Bexar County, Texas

Is! Troy Meinke Troy Meinke Assistant Criminal District Attorney Bexar County, Texas State Bar No. 2406875 300 Dolorosa, 5th Floor Cadena-Reeves Justice Center San Antonio, Texas 78205 Voice: (210) 335-2556 Fax: (210) 335-0784 Email: trneinke@bexar.org Attorneys for the State of Texas

CERTIFICATE OF CONFERENCE

Pursuant to Texas Rule of Appellate Procedure 10.1 (5)(b), the State attempted to communicate with Kelly Green, Attorney for Frank Hernandez. The State sent a telephonic fax on January 27, 2015. The State attempted to leave a verbal message for Ms. Green on January 29, 2015. I have not been able to make contact with Ms. Green.

3 CERTIFICATE OF SERVICE

I, Troy L. Meinke, Assistant Criminal District Attorney, Bexar County,

Texas, hereby certifSr a true copy of the above and foregoing Motion for Extension

of Time to File State’s Brief was mailed to Kelly Green on Friday, January 30,

2015.

Assistant Criminal District Attorney

Kelly Green Attorney for Frank Hemandez 455 S. Main Ave. San Antonio, TX. 78204