Isfrael Zatarain Gonzalez v. State

Opinion

ACCEPTED 07-15-00115-CR SEVENTH COURT OF APPEALS AMARILLO, TEXAS 8/12/2015 12:58:49 PM Vivian Long, Clerk

NO. 07-15-00115-CR

ISFRAEL GONZALEZ § IN THE COURT OF APPEALS FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS VS. § FOR THE SEVENTH DISTRICT 8/12/2015 12:58:49 PM VIVIAN LONG THE STATE OF TEXAS § CLERK OF TEXAS AT AMARILLO

STATE’S MOTION TO EXTEND THE TIME FOR FILING THE STATE’S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

The State of Texas respectfully requests that the time for filing its brief in this

cause be extended. In support of this motion the State would show the Court the

following:

Appellant pleaded guilty and was placed on probation for engaging in

organized criminal activity; this appeal is from his probation revocation, after which

he was assessed a sentence of confinement for eight years in TDCJ. Appellant is

currently incarcerated. Appellant filed his brief on July 7, 2015, and the State’s brief

was due August 10, 2015. The State requests an extension of time to file its brief until

September 10, 2015.

Counsel has good cause for the delay in filing this brief. The Cooke County

D.A.’s Office had requested the undersigned to prepare and file the brief and

represent the State of Texas in this appeal as a special prosecutor, because that office

does not have an appellate attorney. Undersigned counsel is unable to timely

complete the brief due to a final illness and death in counsel’s household, and the

Page 1 District Attorney has therefore agreed to reassign the brief to another local attorney

as special prosecutor. No previous extension has been requested by the State in this

matter.

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests

that the time for filing the State’s brief be extended until September 10, 2015.

Respectfully submitted,

by: ____/s/ Sue Korioth___________ JANICE WARDER Sue Korioth, Texas Bar #11681975 Cooke County District Attorney Special Prosecutor Cooke County Courthouse Cooke County D. A.’s Office Gainesville, Texas 76240-4760 P.O. Box 600103 (940) 668-5466 Telephone Dallas, Texas 75360-0103 (940) 668-5499 Facsimile (214) 384-3864 suekorioth@aol.com

CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing has been served on Christopher Graham, Attorney for Appellant, by email or by e-service if available to his address at clgraham@lgi-law.com .

____/s/ Sue Korioth_________ SUE KORIOTH

Page 2