Mark Augustin Castellano v. State

• Court: Court of Appeals of Texas
• Decided: January 14, 2015
• Docket: 01-14-00486-CR
• Status: Published

Opinion

ACCEPTED 01-14-00486-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/14/2015 2:41:33 PM CHRISTOPHER PRINE CLERK

No. 01-14-00486-CR

In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS for the 1/14/2015 2:41:33 PM First District of Texas CHRISTOPHER A. PRINE Clerk At Houston

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No. 1363068 In the 184th District Court Of Harris County, Texas

MARK AUGUSTIN CASTELLANO Appellant v. THE STATE OF TEXAS Appellee

STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE AN APPELLATE BRIEF 

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, in accordance with Rules

10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this

motion for an extension of time in which to file the State’s Brief in this cause, and,

in support thereof, presents the following: 1. On June 6, 2014, appellant was convicted by a jury of murder and sentenced to 27 years in the Institutional Division of the Texas Department of Criminal Justice.

2. Appellant filed a timely written notice of appeal.

3. The State’s Brief was due on January 14, 2015.

4. An extension of time in which to file the State’s Brief is requested until February 13, 2015. No previous extensions have been granted.

5. The following facts are relied upon to show good cause for the requested extension:

i. The undersigned attorney has been engaged in the preparation of the State’s Post-submission Brief in Cause No. 01-12-01124- CR, Casey Demon Carmon, Appellant v. The State of Texas, Appellee.

ii. The undersigned attorney was on Christmas vacation from December 22, 2015 through December 26, 2015.

iii. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. 14-14-00139-CR, Isaac Smith, Appellant v. The State of Texas, Appellee.

WHEREFORE, the State prays that this Court will grant an additional

extension of time until February 13, 2015 in which to file the State’s Brief in this

cause.

Respectfully submitted,

/s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 hudson_heather@dao.hctx.net curry_alan@dao.hctx.net

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been submitted

for service by e-filing to the following address:

Jani Maselli Wood Assistant Public Defender 1201 Franklin, 13th Floor Houston, Texas 77002 Tel: (713) 368-0016 Fax: (713) 368-9278 Jani.Maselli@pdo.hctx.net

/s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 Date: January 14, 2015