Ex Parte Marcos M. Flores

Opinion

ACCEPTED 14-14-00663-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/20/2015 5:04:44 PM CHRISTOPHER PRINE CLERK

No. 14-14-00663-CR

In the FILED IN Court of Appeals 14th COURT OF APPEALS HOUSTON, TEXAS For the 2/20/2015 5:04:44 PM Fourteenth District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1969753 In the County Criminal Court at Law Number 5 Harris County, Texas

MARCOS M. FLORES Appellant v. THE STATE OF TEXAS Appellee

STATE’S FOURTH AND FINAL 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 this case, and, in support thereof, presents the

following: 1. In the County Criminal Court at Law Number 5 of Harris County, Texas, in cause

number 1914785, the Appellant was charged with the offense of unlawfully carrying a

weapon, in The State of Texas v. Marcos M. Flores.

2. In the County Criminal Court at Law Number 5 of Harris County, Texas, in cause

number 1969753, the Appellant filed an application for a pre-trial writ of habeas corpus, in

Ex parte Marcos M. Flores.

3. On July 7, 2014, the trial court denied relief on the Appellant’s application for a

pre-trial writ of habeas corpus.

4. A written notice of appeal was timely filed on July 7, 2014.

5. The Appellant’s brief was filed with this Court on October 13, 2014.

6. The State’s brief was due to be filed with this Court on January 13, 2015.

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

23, 2015.

8. Three previous extensions have been granted to the State.

9. The undersigned attorney recognizes that this case has been set for submission

before a panel of this Court on March 26, 2015.

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

With his numerous duties as Chief of the Appellate Division, the undersigned assistant district attorney has needed some additional time in order to respond to the appellant’s brief in this case. The undersigned attorney is also assigned to prepare the State’s briefs in the following cases:

Ryan Matthew Stairhime No. PD-1071-14 Jimmy Earl Drummond No. 01-14-00962-CR

The undersigned attorney has also been called as a witness in the ongoing hearing on the application for a post-conviction writ of habeas corpus filed by David Mark Temple. The undersigned attorney has had to testify in this hearing over several days and was recalled to testify as well. This brief would have been filed earlier had it not been for the lengthy testimony presented at this hearing. Some time has been necessary in order to prepare for that testimony.

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

February 23, 2015, in which to file the State’s brief in this case.

Respectfully submitted,

/s/ Alan Curry

ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net 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 addresses on February 20, 2015:

Carmen M. Roe Attorney at Law 440 Louisiana, Suite 900 Houston, Texas 77002

ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net

Date: February 20, 2015