Toni Tavarez v. State

Opinion

ACCEPTED

01-15-00268-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 11/4/2015 4:39:10 PM CHRISTOPHER PRINE

CLERK

No. 01-15-00268-CR

In the FILED IN 1st COURT OF APPEALS

Court of Appeals HOUSTON, TEXAS For the 11/4/2015 4:39:10 PM First District of Texas CHRISTOPHER A. PRINE Clerk

At Houston

♦

No. 1450059

In the 177th District Court Of Harris County, Texas

♦

TONI TAVAREZ

Appellant

v.

THE STATE OF TEXAS

Appellee

♦

STATE’S FIRST 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. The appellant was indicted for murder. (CR 8). The appellant pleaded

not guilty, but a jury found her guilty as charged. (CR 329, 340). The

jury assessed punishment at fifty years’ confinement. (CR 339, 340).

The trial court certified the appellant’s right of appeal, and the

appellant filed a timely notice of appeal. (CR 313, 343).

2. The State’s brief is due on November 4, 2015. The State requests a

30-day extension of time in which to file its brief.

3. This is the State’s first request for extension.

4. The following facts are relied upon to show good cause for an

extension of time to allow the State to file its brief:

a. This case was assigned to the undersigned attorney on October 14, 2015. Since then, the undersigned attorney has worked on the following matters:

1. Ex parte Hugo Steve Ramirez No. 14-15-00323-CR Brief filed October 21, 2015

2. Marcus Jamez Lewis No. 14-14-00779-CR Oral argument held October 28, 2015

3. Judist Broussard No. 01-15-0074-CR Brief filed October 30, 2015

4. Stuart Adam Latham No. 01-15-00139-CR Brief filed November 3, 2015

5. Christopher Dewa Washington No. 01-14-00366-CR Oral argument held November 4, 2015 b. On October 19, 2015, the undersigned attorney took the examination for board certification in criminal appellate law. Preparation for this exam consumed considerable time on nights and weekends, preventing the undersigned attorney from putting in extra time on pending briefs.

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 713.274.5826 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:

Daucie Schindler daucie.schindler@pdo.hctx.net

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 713.274.5826 morgan_clinton@dao.hctx.net TBC No. 24071454

Date: November 4, 2015