Mark Augustin Castellano v. State

Opinion

ACCEPTED

01-14-00486-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 3/17/2015 9:18:51 AM CHRISTOPHER PRINE

CLERK

No. 01-14-00486-CR

In the FILED IN 1st COURT OF APPEALS

Court of Appeals HOUSTON, TEXAS for the 3/17/2015 9:18:51 AM 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

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MARK AUGUSTIN CASTELLANO Appellant v.

THE STATE OF TEXAS Appellee

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STATE’S THIRD 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 March 16, 2015.

4. An extension of time in which to file the State’s Brief is requested until March 31, 2015.

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 Brief in Cause No. 01-14-00392-CR, Chance Roach, Appellant v. The State of Texas, Appellee, which was filed on March 3, 2015.

ii. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. 01-14-00593-CR, Tony Escobar, Appellant v. The State of Texas, Appellee, which is due to be filed on March 27, 2015.

iii. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. AP-77039, Jeffrey Keith Prevost, Appellant v. The State of Texas, Appellee, which is due to be filed on June 8, 2015.

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

time until March 31, 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: March 17, 2015