Juan Jose Quintero v. State

Opinion

ACCEPTED 14-15-00252-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/23/2015 9:24:42 AM CHRISTOPHER PRINE CLERK

No. 14-15-00252-CR

In the FILED IN Court of Appeals 14th COURT OF APPEALS HOUSTON, TEXAS For the 10/23/2015 9:24:42 AM Fourteenth District of Texas CHRISTOPHER A. PRINE At Houston Clerk  No. 1390666 In the 351st District Court Of Harris County, Texas  JUAN JOSE QUINTERO Appellant V. THE STATE OF TEXAS Appellee  STATE’S SECOND 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 and in its motion, would show

the Court the following:

1. The State charged the appellant with murder by intentionally and

knowingly causing the death of Ronald Stelly, and the jury found the

appellant guilty (CR – 22, 142; 4 RR 47). The trial court sentenced

him in accordance with the jury’s verdict to life in prison in the Texas

Department of Criminal Justice, Institutional Division (CR – 149, 151-

52; 5 RR 52). The appellant timely notice of appeal, and the trial court certified that he had the right to appeal (CR – 154-56). The State’s

brief is due on October 23, 2015. This is the State’s second request for

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

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

a. The record in this case is over thirty-four megabytes in length split over seven volumes and will take some time to process. The appellant brings two points of error. The undersigned attorney has read the record and is currently working to address the appellant’s claims.

b. The undersigned attorney was involved in completing the following written appellate projects since the appellant filed his brief:

(1) Rafael Avellaneda v. The State of Texas No. 14-14-00509-CR Brief Filed August 17, 2015 Prepared Findings of Fact and Conclusions of Law Filed Proposed Findings August 28, 2015 (2) Santos Cruz-Escalante v. The State of Texas No. 01-15-00118-CR Brief Filed August 27, 2015 (3) Jason Snavely v. The State of Texas 01-15-00185-CR Brief Filed September 3, 2015 (4) Larry Torres v. The State of Texas 14-15-00155-158-CR Brief Filed September 18, 2015 (5) Alfredo Lara v. The State of Texas 01-15-00472-CR Brief Filed September 24, 2015 (6) Tyran Riley v. The State of Texas 14-15-00081-CR Brief Filed October 6, 2015 (7) Christian A. Norris v. The State of Texas 01-15-00484-CR, 01-15-00485-CR Brief Filed 10 13, 2015

Consequently, the undersigned attorney has been unable to complete the State’s reply brief in this case in the time permitted despite due diligence, and the requested extension of time is necessary to permit the undersigned attorney to adequately investigate, complete, and file the State’s appellate brief for this cause. The State’s motion is not for purposes of delay, but so that justice may be done.

WHEREFORE, the State prays that this Court will grant a thirty day extension of

time for the undersigned attorney to complete and file the State’s appellate brief in

this case.

Respectfully submitted,

/s/ Katie Davis KATIE DAVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242 CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov to:

Niles Illich 701 Commerce, Suite 400 Dallas, TX 75202 972-802-1788/p 972-236-0088/f Niles@appealstx.com

/s/ Katie Davis KATIE DAVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242

Date: October 23, 2015