Totten, Ruben

Opinion

PD-0483-15

PD-0483-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 4/30/2015 4:30:43 PM Accepted 5/1/2015 11:31:49 AM ABEL ACOSTA

No. 01-14-00189-CR CLERK

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

RUBEN TOTTEN, Appellant

v.

THE STATE OF TEXAS, Appellee

Appeal from Harris County

* * * * *

STATE’S MOTION TO EXTEND TIME FOR FILING ITS

PETITION FOR DISCRETIONARY REVIEW

* * * * *

May 1, 2015 Lisa C. McMinn State Prosecuting Attorney Bar I.D. No. 13803300

John R. Messinger

Asst. State Prosecuting Attorney Bar I.D. No. 24053705

P. O. Box 13046 Austin, Texas 78711 512/463-1660 (Telephone)

512/463-5724 (Fax)

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Comes now the State of Texas, by and through its State Prosecuting Attorney,

and respectfully submits to the Court its motion to extend the time for filing its

petition for discretionary review to and including the 15th day of May, 2015. It has

recently come to our attention that the record may not accurately reflect the testimony

that forms the basis of the opinion below. Additional time is required to determine if

this can be verified and, if so, what steps must be taken to correct the record. No

previous motions to extend the deadline for filing this petition have been filed.

WHEREFORE, the State prays that its motion to extend the time for filing its

petition until May 15, 2015, be granted.

Respectfully submitted,

/s/ John R. Messinger JOHN R. MESSINGER Assistant State Prosecuting Attorney Bar I.D. No. 24053705

P.O. Box 13046 Austin, Texas 78711 512/463-1660 (Telephone) 512/463-5724 (Fax)

2

CERTIFICATE OF SERVICE

A copy of the foregoing State’s Motion to Extend the Time for Filing its

Petition for Discretionary Review has been eFiled or e-mailed on this the 30th day of

April, 2015 to:

Alan Curry Chief, Appellate Division, Harris County District Attorney’s Office 1201 Franklin, Suite 600 Houston, Texas 77002 CURRY_ALAN@dao.hctx.net

Sarah V. Wood 1201 Franklin Street, 13th Floor Houston, Texas 77002 Sarah.Wood@pdo.hctx.net

/s/ John R. Messinger John R. Messinger Assistant State Prosecuting Attorney