Gustavo Andres Vasquez v. State

Opinion

ACCEPTED 14-15-00380-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 7/30/2015 2:38:09 PM CHRISTOPHER PRINE CLERK

No. 14-15-00380-CR In the Court of Appeals FILED IN For the 14th COURT OF APPEALS HOUSTON, TEXAS Fourteenth District of Texas 7/30/2015 2:38:09 PM At Houston CHRISTOPHER A. PRINE  Clerk No. 1412198 In the 230th District Court of Harris County, Texas  GUSTAVO ANDRES VASQUEZ Appellant v. THE STATE OF TEXAS Appellee  STATE’S MOTION TO EXTEND ABATEMENT 

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, and files this motion to extend the

abatement of this appeal to permit the trial court to submit findings of facts and

conclusions of law on the voluntariness of appellant’s statement. See TEX. CODE CRIM.

PROC. art. 38.22. In support thereof the State presents the following:

1. In the 230rd district court of Harris County, Texas, cause 1412198, the State of

Texas v. Gustavo Andres Vasquez, appellant, was convicted of murder on April

16, 2015.

2. He was assessed punishment of confinement for life in the Institutional

Division of the Texas Department of Criminal Justice. 3. Prior to the jury trial, January 22, 2015, the court held a hearing on the

defendant’s motion to suppress his statement. The motion was denied.

4. Appellant filed his notice of appeal on April 1, 2015.

5. This Court abated the appeal on June 30, 2015, for the trial court to issue

findings of fact and conclusions of law regarding the voluntariness of

appellant’s statement.

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

The attorneys who handled the January 2015 motion to suppress, and are therefore aware of the facts and findings, are no longer assigned to the 230th District Court. One prosecutor, Lauren Bard, is out of the office until August 5, 2015. The other, Sarah Roberts, was in trial on an aggravated robbery the week of July 27, 2015 which consumed much, if not all, of her time. Accordingly, the State needs more time to present the court with their proposed findings of facts and conclusions of law.

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

until August 30, 2015.

Respectfully submitted, /s/ Claire Morneau Claire Morneau Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-6136 TBC No. 24079024 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 30, 2015:

Melissa Martin Frances Bourliot Public Defender’s Office 1201 Franklin, 13th Floor Houston, Texas 77002

/s/ Claire Morneau Claire Morneau Assistant District Attorney Harris County, Texas

Date: July 30, 2015