Oscar Rene Rivera v. State

Opinion

ACCEPTED

01-15-00239-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 11/23/2015 3:25:52 PM CHRISTOPHER PRINE

CLERK

No. 01-15-00239-CR No. 01-15-00240-CR

FILED IN

In the 1st COURT OF APPEALS HOUSTON, TEXAS

Court of Appeals 11/23/2015 3:25:52 PM For the CHRISTOPHER A. PRINE First District of Texas Clerk At Houston

 Nos. 1423701, 1423702 In the 185th District Court Of Harris County, Texas  OSCAR RENE RIVERA

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 indecency with a child and

sexual assault of a child, and the jury found the appellant guilty (1 CR

14, 100; 2 CR 17, 110; 4 RR 93).1 For indecency with a child, the trial

court sentenced him in accordance with the jury’s verdict to ten years

1 Due to there being two separate cases, the clerk’s record for trial court cause number 1423701 will be referred to as “1 CR” and the clerk’s record for trial court cause number 1423702 will be referred to as “2 CR.”

in the Texas Department of Criminal Justice, Institutional Division

probated and a $10,000 fine probated (1 CR 119; 5 RR 7). For sexual

assault of a child, the trial court sentenced him in accordance with

the jury’s verdict to eight years in prison in the Texas Department of

Criminal Justice, Institutional Division (2 CR 124; 5 RR 7). The trial

court granted the State’s motion to cumulate the sentences (1 CR 122;

5 RR 10). The appellant gave timely notice of appeal, and the trial

court certified that he had the right to appeal (1 CR 88, 129-30; 2 CR

101, 130-31). The State’s brief is due on November 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 forty-three megabytes in length split over seven volumes and will take some time to process. The appellant brings two points of error.

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

(1) Alfredo Lara v. The State of Texas 01-15-00472-CR Brief Filed September 24, 2015 (2) Tyran Riley v. The State of Texas 14-15-00081-CR Brief Filed October 6, 2015

(3) Christian A. Norris v. The State of Texas 01-15-00484-CR, 01-15-00485-CR Brief Filed October 13, 2015 (4) Juan Jose Quintero v. The State of Texas 14-15-00252-CR Brief Filed October 27, 2015 (5) Edgar Gutierrez v. The State of Texas 01-15-00490-CR Brief Filed November 12, 2015 (6) Rodney Sewell v. The State of Texas 14-15-00216-219-CR Brief Due November 23, 2015 (7) Darrell D. Broussard v. The State of Texas 01-15-00628-CR Brief Due December 10, 2015 (8) Miguel Gomez v. The State of Texas 01-15-00179-CR Brief Due December 14, 2015 (9) Corey Douglas-Myers v. The State of Texas 01-15-00610-CR Brief Due December 20, 2015

c. The undersigned attorney also had oral argument in the Fourteenth Court of Appeals on Thursday, October 29 regarding Odel Allen v. The State of Texas, 14-14-00708-CR.

d. The undersigned attorney also had oral argument in the Fourteenth Court of Appeals on Tuesday, November 10 regarding Larry Torres v. The State of Texas, 14-15-00155-158- CR.

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:

Randall Ayers PO Box 1569 Houston, TX 77251-1569 (281) 493-6333/o (281) 493-9609/f rjayers@comcast.net

/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: November 23, 2015