Frank James Distefano v. State

Opinion

ACCEPTED 14-14-00375-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 7/1/2015 2:36:33 PM CHRISTOPHER PRINE CLERK

No. 14-14-00375-CR

In the FILED IN Court of Appeals 14th COURT OF APPEALS HOUSTON, TEXAS For the 7/1/2015 2:36:33 PM Fourteenth District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1402036 In the 338th District Court of Harris County, Texas

FRANK JAMES DISTEFANO 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 338th District Court of Harris County, Texas, in The State of Texas v.

Frank James Distefano, cause number 1402036, was convicted of one count of sexual

performance by a child.

2. He was assessed punishment of confinement for 75 years in the Correctional

Institutions Division of the Texas Department of Criminal Justice.

3. A written notice of appeal was timely filed.

4. The State’s brief was due on June 22, 2015.

5. An extension of time in which to file the State’s brief is requested until August 3,

2015.

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

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

The District Attorney’s office did not receive a copy of appellant’s brief until this morning. Consequently, counsel for the State has been unable to commence preparation of the State’s brief.

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

August 3, 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 address on July 1, 2015:

Carmen 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: July 1, 2015