Randy Allen Segura v. State

• Court: Court of Appeals of Texas
• Decided: March 19, 2015
• Docket: 01-14-00955-CR
• Status: Published

Opinion

ACCEPTED 01-14-00955-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/19/2015 8:30:43 AM CHRISTOPHER PRINE CLERK

No. 01-14-00955-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 3/19/2015 8:30:43 AM At Houston CHRISTOPHER A. PRINE  Clerk

No. 1383638 In the 177th District Court Of Harris County, Texas  RANDY ALLEN SEGURA Appellant V. THE STATE OF TEXAS Appellee  STATE’S 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 capital murder by intentionally

causing the death of Otis James during the course of a robbery, and the

jury found the appellant guilty (CR – 7, 19, 238-39; 5 RR 77). The trial

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

without parole in the Texas Department of Criminal Justice, Institutional

Division (CR – 238-39; 5 RR 78). The appellant filed a timely notice of appeal, and the trial court certified that he had the right to appeal (CR –

242-44). The State’s brief was due on March 19, 2015. This is the State’s

first 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 megabytes in length split over seven volumes and will take some time to process.

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

(1) Jesus Escobar v. The State of Texas No. 01-13-00496-CR Brief Due February 2, 2015 (2) Brian Victorian v. The State of Texas No. 01-13-01004-CR Brief Due February 11, 2015, ext’d March 16, 2015 (3) Tiquisha Carrol v. The State of Texas No. 14-14-00178-CR Brief Due February 11, 2015 (4) Manuel Rivera-Sanchez v. The State of Texas No. 01-14-00415-CR Brief Due February 27, 2015 (5) William Delacruz v. The State of Texas No. 01-14-00606-CR Brief Due March 19, 2015 (6) Eladio Castro Najera v. The State of Texas No. 14-14-00400-CR Brief Due March 23, 2015 (7) Odel Roderick Allen v. The State of Texas No. 14-14-00708-CR Brief Due April 10, 2015 (8) James Jones v. The State of Texas No. 01-14-00415-CR Brief Due March 27, 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:

Ken Goode P.O. Box 590947 Houston, TX 77259 (409) 779-3631 GoodeDKC@msn.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: March 19, 2015