Joseph Juan Facundo v. State

Opinion

ACCEPTED

01-15-00279-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 10/14/2015 3:25:53 PM CHRISTOPHER PRINE

CLERK

No. 01-15-00279-CR

In the FILED IN 1st COURT OF APPEALS

Court of Appeals HOUSTON, TEXAS For the 10/14/2015 3:25:53 PM First District of Texas CHRISTOPHER A. PRINE Clerk

At Houston

♦

No. 1344346

In the 338th District Court Of Harris County, Texas

♦

Joseph Juan Facundo

Appellant

v.

The State of Texas

Appellee

♦

State’s First Motion for Extension Of Time to File Brief ♦

To the Honorable Court of Appeals:

The State of Texas, pursuant to TEX. R. APP. P. 2 & 10.5, moves for an

extension of time in which to file its appellate brief. The following facts are

relevant:

1. The appellant was indicted for capital murder. (CR 7). The appellant

pleaded not guilty, but a jury found him guilty as charged. (CR 101).

Because the State did not seek the death penalty, the trial court

sentenced the appellant to confinement for life, without the

possibility of parole. (CR 101). The trial court certified the appellant’s

right of appeal, and the appellant filed a timely notice of appeal. (CR

100, 104).

2. The State’s brief is due on October 14, 2015. The State requests a 30-

day extension of time in which to file its brief.

3. This is the State’s first request for extension.

4. The following facts are relied upon to show good cause for an

extension of time to allow the State to file its brief:

a. This case was assigned to the undersigned attorney on September 15, 2015. Since then, the undersigned attorney has worked on the following cases:

1. Ex parte Hugo Steve Ramirez No. 14-15-00323-CR Brief due October 21 (two extensions already granted).

2. Judist Lamond Broussard No. 01-15-00074-CR Brief due October 28 (no further extensions will be granted)

3. Ex parte Larry Flores Nos. 14-15-00619-CR & 14-15-00620-CR Brief filed September 28, 2015

4. Brent Alan Dalton No. 01-14-00837-CR Brief filed September 30, 2015

WHEREFORE, the State prays that this Court will grant the requested extension.

Respectfully submitted,

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454

Certificate of Service

I certify that I have requested that efile.txcourts.gov electronically serve

a copy of this motion to:

Patrick McCann writlawyer@justice.com

Dawn Zell Wright zellwright@zwlaw.us

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454

Date: October 14, 2015