Eric Samuel Tucker v. State

Opinion

ACCEPTED

01-15-00274-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/14/2015 10:23:31 AM

CHRISTOPHER PRINE

CLERK

No.01-15-00274-CR

In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS

For the 12/14/2015 10:23:31 AM First Judicial District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1428697

In the 184th District Court of Harris County, Texas

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ERIC SAMUEL TUCKER

Appellant

v.

THE STATE OF TEXAS

Appellee

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STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF

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TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.1(a)

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 this case, and, in support thereof, presents the following:

1. In the 184th District Court of Harris County, Texas, in The State of Texas v.

Eric Samuel Tucker, Cause Number 1428697, appellant was charged with aggravated assault. 2. Appellant was sentenced to incarceration for thirty years. 3. The State’s brief was due on December 14, 2015. 5. An extension of time in which to file the State’s brief is requested until January 13, 2016. 6. One previous extension has been requested by the State. 7. The facts relied upon to explain the need for this extension are:

a) The undersigned attorney was assigned this case on October 22, 2015.

b) Since assigned this case, the undersigned attorney has completed the State’s brief in the following cases:

i) Cause number 01-15-00533-CR, Rodney Burnett v. The State of Texas;

ii) Cause numbers 01-15-00324-CR and 01-15-00325-CR, Astin Chavers Clark v. The State of Texas;

iii) Cause Number 14-15-00595-CR, Ricardo Martinez v. The State of Texas;

iv) and Cause Number 14-15-00167-CR, Carl Dion Lovings v. The State of Texas.

c) The undersigned attorney is currently engaged in the preparation of the State’s brief in the following appellate cause numbers:

(1) Cause Number 01-14-00885-CR, Abner Washington v. The State of Texas;

(2) Cause Number 01-15-00421-CR, Albert Lynch v. The State of Texas;

(3) Cause Number 01-14-00493-CR, Luis Ruiz Sierra v. The State of Texas;

(4) and Cause Number 01-15-00290-CR, Ferdando Razo v. The State of Texas.

WHEREFORE, the State prays that this Court will grant an extension of time until January 13, 2016 in which to file the State’s brief in this case.

Respectfully submitted,

/s/ Carly Dessauer

________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CARLY DESSAUER

Assistant District Attorney Harris County, Texas

1201 Franklin, Suite 600

Houston, Texas 77002

(713) 274-5826

State Bar No. 24069083

dessauer_carly@dao.hctx.net

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served to appellant’s attorney on December 14, 2015 through TexFile:

Cheri Duncan Assistant Public Defender 1201 Franklin, 13th Floor Houston, Texas 77002 cheri.duncan@pdo.hctx.net

/s/ Carly Dessauer

________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CARLY DESSAUER

Assistant District Attorney Harris County, Texas

1201 Franklin, Suite 600

Houston, Texas 77002

(713) 274-5826

State Bar No. 24069083

dessauer_carly@dao.hctx.net curry_alan@dao.hctx.net

Date: December 14, 2015