Genaro Tamayo v. State

Opinion

ACCEPTED 14-15-00141-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/14/2015 11:40:43 AM CHRISTOPHER PRINE CLERK

No. 14-15-00141-CR

In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 12/14/2015 11:40:43 AM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston

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No. 1367953 In the 338th Criminal District Court Of Harris County, Texas

GENARO TAMAYO 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 5 1. In the 338th Criminal District Court of Harris County, Texas, in cause

number 1367953, the State charged appellant by indictment with aggravated

robbery with a deadly weapon in The State of Texas v. Genaro Tamayo.

2. A jury found appellant guilty as charged in the indictment, and assessed his

punishment at confinement in the Texas Department of Criminal Justice,

Correctional Institutions Division, for twenty-five years.

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

February 10, 2015, and certified appellant’s right of appeal.

4. Appellant timely filed written notice of appeal on February 10, 2015.

5. Appellant filed his appellate brief with this Court on October 12, 2015.

6. The State’s appellate brief is due on December 14, 2015.

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

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

its appellate brief to January 14, 2016.

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

a. During the timeframe allowed for researching and preparing the

State’s appellate brief for this case, the undersigned attorney is also

responsible for researching and preparing the State’s appellate briefs

or documents in the following cases that are also assigned to her:

i. Roy Vasquez v. State of Texas; No. 01-15-00813-CR

Page 2 of 5 ii. Approximately $31,421 v. State of Texas; No. 14-14-00385- CV; State’s Motion for En Banc Reconsideration

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

iv. Darius Houston-Randle v. State of Texas; No. 14-15-00272-CR

v. Christopher Braughton v. State of Texas; No. 01-15-00393-CR

vi. Alicia Correa v. State of Texas; No. 01-14-00849-CR

b. One prosecutor in the Appellate Division is currently out of the office

on maternity leave. Consequently, the undersigned attorney, in

addition to the remaining prosecutors in the Division, has been

responsible for responding to an increased volume of questions and

requests for assistance from trial prosecutors regarding matters which

are frequently time-sensitive and critical for cases currently in trial.

c. And, finally, the undersigned attorney has been assigned to a Harris

County District Attorney’s Office investigative team which, in

coordination with the Texas Rangers and with the Houston Police

Department, is tasked with investigating the alleged sale of human

tissue and organs at Planned Parenthood Gulf Coast. The

investigation has been time-consuming; has required numerous

witness meetings, and travel to Austin and Fort Worth; and, thus, has

substantially added to the undersigned attorney’s workload.

Page 3 of 5 10. Consequently, while the undersigned attorney is in the process of writing

the State’s reply brief in this case, the undersigned attorney has not been

unable to complete it in the time permitted, despite due diligence. Hence,

the requested extension of time is necessary to permit the undersigned

attorney to adequately 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 January 14, 2016, 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 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 274-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

Page 4 of 5 CERTIFICATE OF SERVICE

This is to certify that the undersigned counsel has directed the e-filing

system eFile.TXCourts.gov to serve a true and correct copy of the foregoing

document to Dena Fisher, appellant’s attorney of record on appeal, on December

14, 2015, at the following e-mail address, through the electronic service system

provided by eFile.TXCourts.gov:

d2f@sbcglobal.net

MELISSA P. HERVEY Assistant District Attorney Harris County, Texas State Bar Number: 24053741 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 274-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

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