Timothy Hearne v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: 14-14-00503-CR
• Status: Published

Opinion

ACCEPTED 14-14-00503-cr FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/5/2015 4:26:36 PM CHRISTOPHER PRINE CLERK

Nos. 14-14-00501-CR, 14-14-00502-CR, and 14-14-00503-CR In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 1/5/2015 4:26:36 PM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston 

Nos. 1344552, 1344550, and 1344551 In the 180th Criminal District Court Of Harris County, Texas 

TIMOTHY HEARNE Appellant V. THE STATE OF TEXAS Appellee 

STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF 

TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) & 38.6(d),

moves for an extension of time within which to file its appellate brief. In support

of its motion, the State submits the following:

1. Appellant was charged with three counts of indecency with a child.

2. Appellant entered a plea of “not guilty” to all three allegations. 3. A jury found appellant guilty as charged in all three cases and later assessed his punishment at confinement for 12 years per count (sentence runs concurrently).

4. Appellant filed a written notice of appeal on June 11, 2014.

5. Appellant’s brief was filed December 1, 2014.

6. The State’s brief was due December 31, 2014.

7. The State seeks an extension until January 30, to file its brief.

8. The following facts are relied upon to show good cause for the requested extension:

a. The undersigned attorney has filed the following seven briefs in the last 60 days: Reply to Petition for Writ of Certiorari in the Supreme Court of the United States in Cole v. State of Texas, No. 14- 6343; Reply to Appellant’s Brief on Discretionary Review in Salinas v. State, PD-0419-14; Brief on Remand from the Court of Criminal Appeals in McClintock v. State, No. 01-11-00572-CR; Petition for Discretionary Review in Ex parte Bowman, PD-1375-14; State’s Brief on Discretionary Review in State v. Le, PD-0605-14; and State’s Brief in Domingaux v. State, No. 14-14-00122-CR and Royston v. State, No. 14-13-00920-CR.

b. The undersigned attorney currently has five more briefs due in the next 30 days.

c. 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 the requested

extension until January 30, 2015.

Respectfully submitted,

/s/ Bridget Holloway

BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net CERTIFICATE OF SERVICE

This certifies the undersigned attorney requested that a copy of this

document be served to appellant’s attorneys via TexFile at the following email on

January 5, 2015:

Tonya Rolland McLaughlin Attorney at Law Email: (not listed in brief, will use one, if any, on file with TexFile)

BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net