Irvin Notias v. State

Opinion

ACCEPTED

01-15-00636-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 12/11/2015 5:55:33 PM CHRISTOPHER PRINE

CLERK

No. 01-15-00636-CR

In the FILED IN 1st COURT OF APPEALS

Court of Appeals HOUSTON, TEXAS for the 12/11/2015 5:55:33 PM First District of Texas CHRISTOPHER A. PRINE Clerk

At Houston

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No. 1409330

In the 232nd District Court Of Harris County, Texas

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IRVIN NOTIAS Appellant v.

THE STATE OF TEXAS Appellee

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STATE’S SECOND MOTION FOR EXTENSION OF TIME IN WHICH TO FILE AN 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 an extension of time in which to file the State’s Brief in this cause, and,

in support thereof, presents the following:

1. On June 30, 2015, appellant was convicted by a jury of aggravated robbery with a deadly weapon and sentenced to 40 years in the Institutional Division of the Texas Department of Criminal Justice.

2. Appellant filed a timely written notice of appeal.

3. The State’s Brief is due on December 14, 2015.

4. An extension of time in which to file the State’s Brief is requested until January 13, 2015.

5. The following facts are relied upon to show good cause for the requested extension:

i. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. 14-14-01024-CR, Darrell King Jefferson, Appellant v. The State of Texas, Appellee, which was filed on November 17, 2015.

ii. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. 14-15-00432-CR, Amos Sifuentes, Appellant v. The State of Texas, Appellee, which was filed on December 11, 2015.

iii. The undersigned attorney will be out of town from December 12, 2015 through December 19, 2015.

WHEREFORE, the State prays that this Court will grant an additional

extension of time until January 13, 2015 in which to file the State’s Brief in this

cause.

Respectfully submitted,

/s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 hudson_heather@dao.hctx.net curry_alan@dao.hctx.net

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been submitted

for service by e-filing to the following address:

Joseph W. Varela 2500 East T.C. Jester Blvd. Suite 247 Houston, Texas 77008 (713) 957-0440 jwvarela@gmail.com

/s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991

Date: December 11, 2015