Erick Eduardo Hernandez v. State

Opinion

ACCEPTED 14-15-00209-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/18/2015 11:07:43 AM CHRISTOPHER PRINE CLERK

No. 14-15-00209-CR

In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 9/18/2015 11:07:43 AM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston

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No. 1392161 In the 184th Criminal District Court Of Harris County, Texas

ERICK EDUARDO HERNANDEZ 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, appellee, 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 this case, and,

in support thereof, presents the following:

Page 1 of 4 1. In the 184th Criminal District Court of Harris County, Texas, in cause

number 1392161, the State charged appellant by indictment with capital

murder in The State of Texas v. Erick Eduardo Hernandez.

2. A jury found appellant guilty of the lesser-included-offense of murder and

assessed appellant’s punishment at confinement in the Texas Department of

Criminal Justice, Correctional Institutions Division, for life.

3. The trial court sentenced appellant in accordance with the jury’s verdict on

February 20, 2015, and also entered an affirmative deadly weapon finding in

the court’s written judgment of conviction and sentence.

4. Appellant timely filed written notice of appeal on February 20, 2015.

5. Appellant filed his appellate brief with this Court on August 19, 2015.

6. The State’s appellate brief is due on September 18, 2015.

7. This is the State’s first request for an extension.

8. The State requests that this Court extend the timeframe for the State to file

its appellate brief to October 19, 2015.

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

a. During the time in which the undersigned attorney will be researching

and preparing the State’s appellate brief for this case, she will also be

researching and preparing the State’s appellate briefs in the following

cases that are also assigned to her:

Page 2 of 4 i. James Agbeze v. State of Texas; No. 14-15-00474-CR

ii. Geraline Gregory Lincoln v. State of Texas; Nos. 14-14-00957- CR, 14-14-00959-CR

iii. Joe Lee Bowden v. State of Texas; No. 14-14-00955-CR

iv. Anthony D. Alford v. State of Texas; No. 14-15-00360-CR

v. Juan Mendoza v. State of Texas; No. 14-15-00537-CR

10. 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.

11. 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 the State an

extension of time, until October 19, 2015, for the undersigned attorney to

complete and file the State’s appellate brief in this case.

Respectfully submitted,

/S/ Melissa Hervey

MELISSA P. HERVEY Assistant District Attorney Harris County, Texas State Bar No. 24053741

Page 3 of 4 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has

been served upon Angela Cameron, appellant’s attorney of record on appeal, on

September 18, 2015, at the following e-mail address, through the electronic

service system provided by eFile.TXCourts.gov:

Angela.Cameron@pdo.hctx.net

MELISSA P. HERVEY Assistant District Attorney Harris County, Texas State Bar Number: 24053741 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

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