Jonathan Jose Guillen v. State

Opinion

ACCEPTED

04-14-00772-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 10/16/2015 2:56:35 PM

KEITH HOTTLE

CLERK

NO. 04-14-00772-CR

§ IN THE FOURTH DISTRICT JONATHAN JOSE GUILLEN § §

VS. § COURT OF APPEALS § §

STATE OF TEXAS § SAN ANTONIO, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF

TO THE HONORABLE JUDGES OF THE FOURT COURT OF APPEALS:

NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of

Bexar County and Counsel for the State of Texas, and files this Motion asking that

the Court extend the time for filing the State’s brief.

On October 9, 2014, a jury found Appellant guilty of murder. On October

14, 2014, the jury sentenced Appellant to 99 years in the Texas Department of

Criminal Justice, Institutional Division. Appellant filed a notice of appeal on

November 3, 2014. Appellant filed a Motion for New Trial on November 12, 2014

and it was denied by the trial court on November 18, 2014. The reporter’s record

was filed on April 28, 2015. Appellant filed his brief on August 17, 2015. After a

first extension of time, the State’s brief was due October 16, 2015. This is the

State’s second motion requesting an extension of time and the State requests a 30

day extension to November 16, 2015.

1 of 3

This extension is not sought for the purpose of delaying this appeal. The

State requests an extension for the following reasons:

1) Counsel would like more time to thoroughly read the record in this case, as well as to research and write the State’s brief. The reporter’s record in this case is voluminous and consists of fourteen volumes. 2) Counsel recently filed the following briefs in the Fourth Court of Appeals:

a. State of Texas v. Charles Caves, No. 04-15-00367-CR. b. In the Interest of C.F.N., A Child, No. 04-15-00458-CV.

Therefore, counsel respectfully asks the Court to grant this extension of

time to file the State’s brief in this case.

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays

that the Court grant an extension of time to November 16, 2015 for filing the

State’s brief.

Respectfully submitted,

Nicholas “Nico” LaHood Criminal District Attorney Bexar County, Texas

/s/ Jennifer Rossmeier Brown

____________________

Jennifer Rossmeier Brown State Bar No. 24079247 Assistant Criminal District Attorney 101 W. Nueva Street San Antonio, Texas 78205-3030 Phone: (210) 335-2734 Fax: (210) 335-2436 Email: jennifer.rossmeier@bexar.org

2 of 3

CERTIFICATE OF SERVICE

I certify that a true copy of the above was served on the attorney of record in

accordance with the Texas Rules of Appellate Procedure on October 16, 2015, in

the manner described below:

Via Electronic Service Alex J. Scharff 222 E. Main Plaza San Antonio, Texas 78205 alexjoss@yahoo.com

Via Electronic Service Alan Brown 222 Main Plaza E San Antonio, Texas 78205 alan@brownandnorton.com

/s/ Jennifer Rossmeier Brown

3 of 3