Joe Eddie Alejandro v. State

Opinion

ACCEPTED

01-15-00032-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/24/2015 5:26:06 PM CHRISTOPHER PRINE

CLERK

CAUSE NO. 01-15-00032-CR CAUSE NO. 01-15-00033-CR

FILED IN

JOE EDDIE ALEJANDRO § 1st COURT IN THE COURT OF OF APPEALS APPEALS FOR

HOUSTON, TEXAS

§

7/24/2015 5:26:06 PM

V. § THE FIRST JUDICIAL DISTRICT, CHRISTOPHER A. PRINE

§ Clerk THE STATE OF TEXAS § AT HOUSTON, TEXAS

____________________________________________________

STATE’S MOTION FOR

EXTENSION OF TIME TO FILE BRIEF

____________________________________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW the State of Texas, by the undersigned assistant district

attorney, and moves the Court for an extension of time to file its appellate brief in the

above-captioned cases. The State would respectfully show the Court the following:

1. On November 6, 2014, the appellant was convicted of the offense of

aggravated sexual assault of a child (Ct. II), and indecency with a child by sexual

contact (Ct. III), and his punishment was assessed in Count II at imprisonment for

thirty years, and in Count III at imprisonment for ten years.

2. The appellant’s brief was filed in this Court on June 24, 2015.

3. The State’s brief is presently due to be filed in this Court on July 24, 2015.

4. The State has not previously requested an extension of time to file its brief.

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5. The State hereby requests a 30-day extension of time to file its brief, until

August 24, 2015.

6. Good cause exists for the requested extension of time, for the following

reasons:

In the past 30 days, the undersigned counsel for the State has been required to prepare the State’s appellant brief in Ramon Aguilar, Jr. v. The State of Texas, Case No. 09-13-00573-CR, the State’s answer to application for writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Bruilo Rudio Mendoza, Case No. 12-07-07741-CR-(1), the State’s answer to application for writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Kevin Arthur Larson, Case No. 12-10-11018-CR-(1), the State’s motion to forward the application for post-conviction writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Terry Wilkerson, Case No. 06-09-09388-CR-(1), the State’s answer to application for writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Thomas Lee Evans, Case No. 19180-(1), the State’s proposed designation of issues in Ex parte Gene Buentello, Case No. 14-01-00113-CR-(1), the State’s proposed designation of issues in Ex parte Gabriel Silva, Case No. 11-06-06274-CR-(1), and the State’s proposed designation of issues in Ex parte Willie D. Hubbard, Jr., Case No. 13-03-03070-CR-(1), and the State’s proposed designation of issues in Ex parte Michael Scott, Case No. 10-03-02964-CR-(1).

In addition, undersigned counsel is assigned to serve as the prosecutor on Montgomery County’s misdemeanor expunction and nondisclosure cases, and has been required to attend to numerous hearings and other duties pursuant to those assignments, and is also assigned to serve as the prosecutor on Montgomery County’s mental health cases, and has been required to attend to duties pursuant to that assignment.

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Further, the undersigned counsel was out of the office from July 14, 2015, through July 21, 2015, on a pre-planned vacation.

Consequently, counsel has not had sufficient time to prepare an adequate State’s brief in this case.

THEREFORE, the State requests an extension of time to file its brief until

August 24, 2015, in this case.

Respectfully submitted,

BRETT W. LIGON District Attorney Montgomery County, Texas

/s/ Jason Larman JASON LARMAN Assistant District Attorney Montgomery County, Texas S.B.T. No. 24072468 207 W. Phillips, Second Floor Conroe, Texas 77301 (936) 539-7800 (936) 788-8395 (fax)

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing motion was

e-mailed to Ms. Heather Hall, attorney for the appellant on the date of the filing of

the original with the Clerk of this Court.

/s/ Jason Larman JASON LARMAN Assistant District Attorney Montgomery County, Texas