Brian Victorian v. State

• Court: Court of Appeals of Texas
• Decided: February 10, 2015
• Docket: 01-13-01004-CR
• Status: Published

Opinion

ACCEPTED 01-13-01004-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 2/10/2015 2:39:55 PM CHRISTOPHER PRINE CLERK

No. 01-13-01004-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 2/10/2015 2:39:55 PM At Houston CHRISTOPHER A. PRINE  Clerk

No. 1363644 In the 182nd District Court Of Harris County, Texas  BRIAN VICTORIAN Appellant V. THE STATE OF TEXAS Appellee  STATE’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF  TO THE HONORABLE COURT OF 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 and in its motion, would

show the Court the following:

1. The State charged the appellant with one count of aggravated sexual

assault of a child under fourteen years of age enhanced by one prior

felony conviction, and the jury found the appellant guilty (CR –7-8, 18,

1364, 136-37; 6 RR 4-5). The trial court sentenced him to forty-five years

in the Texas Department of Criminal Justice, Institutional Division (CR –

136-37; 7 RR 11-12). The appellant filed a timely notice of appeal, and the trial court certified that he had the right to appeal (CR – 139-40). The

State’s brief was due on February 11, 2014. This is the State’s second

request for extension of time. The following facts are relied upon to show

good cause for an extension of time to allow the State to file its brief:

a. This brief was not assigned to the undersigned attorney until December 22, 2014.

b. The record in this case is over eleven megabytes in length split over nine volumes and will take some time to process.

c. The undersigned attorney was involved in completing the following written appellate projects since the appellant filed his brief:

(1) Terrio Holiday v. The State of Texas No. 14-14-00467-CR Brief Due January 20, 2015 (2) Jesus Escobar v. The State of Texas No. 01-13-00496-CR Brief Due February 2, 2015 (3) Tiquisha Carroll v. The State of Texas No. 14-14-00178-CR Brief Due February 11, 2015 (4) Manuel Rivera-Sanchez v. The State of Texas No. 01-14-00415-CR Brief Due February 27, 2015 (5) William Delacruz v. The State of Texas No. 01-14-00606-CR Brief Due February 16, 2015 (6) Eladio Najera v. The State of Texas No. 14-14-00400-CR Brief Due February 19, 2015

Consequently, the undersigned attorney has been unable to complete the State’s reply brief in this case in the time permitted despite due diligence, and the requested extension of time is necessary to permit the undersigned attorney to adequately investigate, complete, and file the State’s appellate brief for this cause. The State’s motion is not for purposes of delay, but so that justice may be done.

WHEREFORE, the State prays that this Court will grant a thirty day extension of

time for the undersigned attorney to complete and file the State’s appellate brief in

this case

Respectfully submitted,

/s/ Katie Davis KATIE DAVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242 CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov to:

Kurt B. Wentz 5629 Cypress Creek Parkway Suite 115 Houston, TX 77069 kbsawentz@yahoo.com

/s/ Katie Davis KATIE DAVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242 Date: February 10, 2015