Siegel, Jessica Sekerka

• Court: Court of Appeals of Texas
• Decided: July 28, 2015
• Docket: PD-0962-15
• Status: Published

Opinion

PD-0962-15 PD-0962-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/24/2015 2:24:50 PM Accepted 7/28/2015 1:34:50 PM ABEL ACOSTA CAUSE NO. __________________ CLERK COURT OF APPEALS CAUSE NO. 09-13-00536-CR

THE STATE OF TEXAS § IN THE COURT OF § V. § CRIMINAL APPEALS, § JESSICA SEKERKA SIEGEL § AUSTIN, TEXAS

____________________________________________________

STATE'S MOTION FOR EXTENSION OF TIME TO FILE A PETITION FOR DISCRETIONARY REVIEW ____________________________________________________

TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL

APPEALS:

COMES NOW the State of Texas, by the undersigned assistant district

attorney, and moves the Court for an extension of time to file its petition for

discretionary review in the above-captioned case. The State would respectfully

show the Court the following:

1. The appellant was charged by two separate indictments with the offense of

tampering with a governmental record related to conduct occurring on December 19,

2011, in Cause No. 12-03-02809-CR and conduct occurring on March 9, 2012, in

Cause No. 12-03-02754-CR. The cases were tried in a single proceeding, and the

appellant entered a plea of not guilty to each indictment. The jury found her not

1 July 28, 2015 guilty in Cause No. 12-03-02809-CR, and guilty in Cause No. 12-03-02754-CR. The

jury assessed her punishment in Cause No. 12-03-02754-CR at two years

confinement in a State Jail facility, but recommended that the sentence be suspended

and that the appellant be placed on community supervision. The trial court

sentenced the appellant in accordance with the jury’s verdict, suspended the

sentence, and placed the appellant on community supervision for a period of four

years.

2. The Ninth Court of Appeals reversed the appellant’s conviction on June 24,

2015. Therefore the State’s petition for discretionary review is due to be filed in this

Court on July 24, 2015.

3. The State has not previously requested an extension of time to file its

petition for discretionary review.

5. The State hereby requests a one-month extension of time to file its petition

for discretionary review, until August 24, 2015.

6. Good cause exists for the requested extension of time, for the following

reasons:

In the past 30 days, the undersigned counsel for the State has been required to prepare the State’s appellant brief in Ramon Aguilar, Jr. v. The State of Texas, Case No. 09-13-00573-CR, the State’s supplemental answer to application for writ of habeas corpus, and amended proposed findings of fact and conclusions of law in Ex parte Noel Baird Norwood, Case No. 11-01-00582-CR-(1), the State’s

2 answer to application for writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Bruilo Rudio Mendoza, Case No. 12-07-07741-CR-(1), the State’s answer to application for writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Hoke Henry Eberhardt, Jr., Case No. 12-05-05302-CR-(1), Counts I and II, the State’s answer to application for writ of habeas corpus, and findings of fact and conclusions of law in Ex parte Cesar Romero, Case No. 15-28777, the State’s answer to application for writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Kevin Arthur Larson, Case No. 12-10-11018-CR-(1), the State’s motion to forward the application for post-conviction writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Terry Wilkerson, Case No. 06-09-09388-CR-(1), the State’s answer to application for writ of habeas corpus, and proposed findings of fact and conclusions of law in Ex parte Thomas Lee Evans, Case No. 19180-(1), the State’s proposed designation of issues in Ex parte Gene Buentello, Case No. 14-01-00113-CR-(1), the State’s proposed designation of issues in Ex parte Gabriel Silva, Case No. 11-06-06274-CR-(1), and the State’s proposed designation of issues in Ex parte Willie D. Hubbard, Jr., Case No. 13-03-03070-CR-(1), and the State’s proposed designation of issues in Ex parte Michael Scott, Case No. 10-03-02964-CR-(1).

In addition, undersigned counsel is assigned to serve as the prosecutor on Montgomery County’s misdemeanor expunction and nondisclosure cases, and has been required to attend to numerous hearings and other duties pursuant to those assignments, and is also assigned to serve as the prosecutor on Montgomery County’s mental health cases, and has been required to attend to duties pursuant to that assignment.

Further, the undersigned counsel was out of the office from July 14, 2015, through July 21, 2015, on a pre-planned vacation.

Consequently, counsel has not had sufficient time to prepare an adequate State’s petition for discretionary review in this case.

3 THEREFORE, the State requests an extension of time to file its petition for

discretionary review until August 24, 2015, in this case.

Respectfully submitted,

BRETT W. LIGON District Attorney Montgomery County, Texas

/s/ Jason Larman JASON LARMAN Assistant District Attorney Montgomery County, Texas S.B.T. No. 24072468 207 W. Phillips, Second Floor Conroe, Texas 77301 (936) 539-7800 (936) 788-8395 (fax)

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing motion was

e-mailed to the counsel for the appellant on the date of the filing of the original with

the Clerk of this Court.

/s/ Jason Larman JASON LARMAN Assistant District Attorney Montgomery County, Texas