Jose Pablo Lopez v. State

Opinion

ACCEPTED

01-15-00055-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/1/2015 11:35:01 AM CHRISTOPHER PRINE

CLERK

NO.Ol-15-00055-CR

JOSE PABLO LOPEZ, IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS

APPELLANT HOUSTON, TEXAS 9/1/2015 11:35:01 AM

v. FIRST SUPREME JUDICIAL CHRISTOPHER A. PRINE

DISTRICT Clerk

THE STATE OF TEXAS, APPELLEE HOUSTON, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE'S RESPONSE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas,

pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and moves for an

extension of time in which to file the State's Brief and would respectfully show the

Coutt of Appeals as follows:

1. The appellant was convicted of CAPITAL MURDER, and was sentenced on December 11, 2014. The trial case was styled as Slate of Texas v. Jose Pablo LJpe~ in the 122nd Judicial District Court of Galveston County, Texas, Cause No. 01-CR- 1330. Appellant filed timely Notice of Appeal. The Appellant's brief was filed with this Court on 8/3/2015.

2. The present due date for filing the State's brief is 9/2/2015.

3. This is the State's first motion for extension of time to file its brie£

4. The State requests an extension to file its brief on or before 11/2/2015.

5. The State requests this extension not for delay but because during the last thirty days, the undersigned attorney for the State:

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• Completed a reply brief in Harold Nonvood P. Slate, 01-14-01005-CR on 8/3/2015.

• Completed a reply brief in William Cody Thompsoll v. State, 14-15-00174-

CR& 14-15-00175-CRon 8/7/2015.

• Attended a Capital Murder CLE in Plano, TX from 8/25/2015-

8/28/2015.

• Is solely responsible for all Post-Conviction Writs of Habeas Corpus for Galveston County and completed 2 post-conviction writ answers on case numbers: ll-CR-2100-83-2 (Rodney Scott Smith); 09-CR-3398-83-1, 09-CR- 3399-83-1,09-CR-3400-83-1 (Chad Alltho'!Y Brow/I).

6. The State must also complete its response brief to HellTY Tobar P. State, 14-15-00011-

CR, due on 10/14/2015.

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to file the State's brief until November 2, 2015.

Respectfully submitted,

JACK ROADY CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY, TEXAS

lsi Rebecca Klaren REBECCA KLAREN Assistant Criminal District Attorney 600 59'h Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2355, fax (409)766-2290 State Bar Number: 24046225 rcbccca.k1 arcn@co.!,ralvcston.tx.lIs

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CERTIFICATE OF COMPLIANCE

The undersigned Attorney for the State certifies this brief is computer generated,

and consists of 277 words.

lsI Rebecca Klaren REBECCA KLAREN Assistant Criminal District Attorney Galveston County, Texas

CERTIFICATE OF SERVICE

The undersigned attorney for the State certifies that a copy of the above motion

was faxed! emailed! eFiled ! or mailed to Winston Cochran, Attorney for Appellant,

at winsroncochran@comcast.nct or P.O. Box 2945, League City, TX 77574, on

September 1, 2015.

lsI Rebecca Klare/I REBECCA KLAREN Assistant Criminal District Attorney Galveston County, Texas

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AFFIDAVIT

THE STATE OF TEXAS

COUNTY OF GALVESTON

Before me, the undersigned authority, on September 1, 2015, appeared Rebecca

Klaren, who by me duly sworn did depose and state on oath the following:

"I, Rebecca Klaren, Attorney for the State of Texas, have read the

Motion for Extension of Time to File the State's Brief, and swear that the

information contained therein is true and correct."

':'~:cc C~ REBECCA KLAREN Assistant Criminal District Attorney Galveston County, Texas

SWORN TO AND SUBSCRIBED before me on September 1, 2015.

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HEATHER GRUBEN

\1-i, Notory PubtIC. State at Texos ~ ~~

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