State v. Jimmy Earl Drummond

• Court: Court of Appeals of Texas
• Decided: January 6, 2015
• Docket: 01-14-00962-CR
• Status: Published

Opinion

ACCEPTED 01-14-00962-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/6/2015 10:44:34 AM CHRISTOPHER PRINE CLERK

No. 01-14-00962-CR

In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS For the 1/6/2015 10:44:34 AM First District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1446229 In the 208th District Court Of Harris County, Texas

THE STATE OF TEXAS Appellant v. JIMMY EARL DRUMMOND Appellee

STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE 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 extension of

time in which to file the State’s brief in this case, and, in support thereof, presents the

following: 1. On November 10, 2014, in cause number 1446229, in the 208th District Court of

Harris County, Texas, the trial court granted the appellee’s motion to quash the information

and dismiss the prosecution in The State of Texas v. Jimmy Earl Drummond.

2. The State timely filed a written notice of appeal on November 18, 2014.

3. The State’s brief is due on January 7, 2015.

4. An extension of time in which to file the State’s brief is requested until January 30,

2015.

5. No previous extensions have been granted to the State.

6. The facts relied upon to explain the need for this extension are:

During this time period, the undersigned attorney is set to testify at a very lengthy hearing on the defendant’s application for a post-conviction writ of habeas corpus in Ex parte David Mark Temple. The undersigned attorney is also preparing the State’s brief in Marcos M. Flores v. The State of Texas, Cause Number 14-14-00663-CR. With his numerous additional duties as Chief of the Appellate Division, the undersigned assistant district attorney has needed some additional time in order to respond to the appellant’s brief in this case.

WHEREFORE, the State prays that this Court will grant an extension of time until

January 30, 2015 in which to file the State’s brief in this case.

Respectfully submitted,

/s/ Alan Curry

ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been mailed to the

following address on January 6, 2015:

Samuel R. Cammack, III Attorney at Law 1001 West Loop South, Suite 700 Houston, Texas 77027-9033

ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net

Date: January 6, 2015