Earnest Demone Hebert v. State

• Court: Court of Appeals of Texas
• Decided: February 2, 2015
• Docket: 14-13-00370-CR
• Status: Published

Opinion

ACCEPTED 14-13-00370-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/2/2015 3:22:31 PM CHRISTOPHER PRINE CLERK

No. 14-13-00370-CR In the Court of Appeals FILED IN For the 14th COURT OF APPEALS HOUSTON, TEXAS Fourteenth District of Texas 2/2/2015 3:22:31 PM At Houston CHRISTOPHER A. PRINE  Clerk No. 1364909 In the 248th District Court of Harris County, Texas  EARNEST HEBERT 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 these cases, and, in support

thereof, presents the following:

1. In the 248th district court of Harris County, Texas, cause 1364909, the State of

Texas v. Earnest Hebert, appellant, was convicted of possession of a

controlled substance. 2. He was assessed punishment of confinement for 5 years in the Institutional

Division of the Texas Department of Criminal Justice.

3. The State’s brief is due on February 2, 2015.

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

March 9, 2015.

5. No previous extensions have been requested by the State.

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

Since appellant filed his brief, I have filed briefs in cause numbers 01-14- 00332-CR, 14-14-00451-CR, and 14-14-00704-CR. I will file a brief in cause number 14-13-00767-CR in the next week. In addition to the present case, I presently have 5 other briefs assigned to me. I also handle legal questions from trial court prosecutors on a daily basis, some of which require attendance at court hearings. This motion is not sought for delay, but so that justice may be done.

WHEREFORE, the State prays that this Court will grant an extension of time

until March 9, 2015 in which to file the State’s brief in this case.

Respectfully submitted, /s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 24072240 CERTIFICATE OF SERVICE

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

appellant’s attorney at the following address on February 2, 2015:

Tom Zakes 1217 Prairie Suite 206 Houston, TX 77002 tomzakes@peoplepc.com

/s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas

Date: February 2, 2015