Robert Louis Martin v. State

• Court: Court of Appeals of Texas
• Decided: January 27, 2015
• Docket: 14-14-00730-CV
• Status: Published

Opinion

ACCEPTED 14-14-00730-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/27/2015 5:27:59 PM CHRISTOPHER PRINE CLERK

No. 14-14-00730-CV

In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 1/27/2015 5:27:59 PM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston

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No. 877816 In the 232nd District Court Of Harris County, Texas

ROBERT LOUIS MARTIN 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. The following facts are

relevant:

1. In 2002, the appellant was found not guilty, by reason of insanity, of

aggravated assault. (CR 29, 39). Except for a few months in2007, the appellant has been involuntarily committed to an inpatient mental

health hospital ever since. (CR 29-30, 68, 71, 94 104, 126, 141, 179).

In May, 2014, the hospital recommended that the appellant be

discharged to an outpatient facility. (CR 154-166). The trial court

held the required annual hearing for the appellant and, after a

hearing, found that he was likely to cause serious harm to others and

renewed the order for the appellant to remain in an inpatient facility

for another year. (CR 179). The appellant filed a notice of appeal and

the trial court certified his right to appeal. (CR 180, 183).

2. The State’s brief is quite late. The State’s brief was due on December

29, 2014. This Court sent out a late-brief notice on January 13, 2015,

and apparently received no reply from the State. On January 21,

2015, this Court sent out notice that this case was set for submission

without a State’s brief. According to this Court’s website, this case

will be submitted for decision on March 17, 2015

3. This case was assigned to the undersigned attorney on January 26,

2015. The prosecutor to whom this case was previously assigned is

no long with the Harris County District Attorney’s Office.

4. Despite the Court having already set the case for submission, the

State requests that this Court grant the State a 30-day extension from January 26, 2015 to allow the State to submit a brief. This would

produce a deadline of February 25, 2015.

5. The reason 30 days is necessary is that, partly as a result of

personnel changes in the appellate section of the Harris County

District Attorney’s Office, the undersigned attorney already has briefs

due in five other cases, and two of those cases have orders stating

that nor further extensions can be granted. Regrettably, not all of

these cases can be the undersigned attorney’s number one priority,

but, if this motion is granted, the undersigned attorney will ensure

that this Court receives a brief from the State by the proposed

deadline.

WHEREFORE, the State prays that this Court will grant the requested extension. Respectfully submitted,

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 CERTIFICATE OF SERVICE

I certify that I have requested that efile.txcourts.gov electronically serve

a copy of this motion to:

Ken Goode Goodekc@msn.com

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454

Date: January 27, 2015