Joe Eddie Alejandro v. State

Opinion

ACCEPTED

01-15-00032-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/14/2015 11:09:38 AM 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

§

9/14/2015 11:09:38 AM

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 August 24,

2015.

4. The State has previously requested one 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

September 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 petition for discretionary review in The State of Texas v. Jessica Sekerka Siegel, Case No. PD-0962-15, the State’s appellant brief in Jennifer Sobel v. The State of Texas, Case No. 09-14-00426-CR,the State’s appellant brief in Gary Edward Vines v. The State of Texas, Case No. 09-14-00487-CR, the State’s appellant brief in Carol Ann Davis v. The State of Texas, Case No. 09-15-00063-CR, the State’s answer to application for post-conviction writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Clyde James Freeman, Case No. 09-11-11188-CR-(3); the State’s answer to application for post-conviction writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Steven Keith Milliff, Case No. 11-03-02327-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

Further, the undersigned counsel was out of the office from August 5, 2015, through August 7, 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

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September 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