William Delacruz v. State

Opinion

ACCEPTED

01-14-00606-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 2/16/2015 2:56:44 PM CHRISTOPHER PRINE

CLERK

No. 01-14-00606-CR

In the

Court of Appeals FILED IN 1st COURT OF APPEALS

For the HOUSTON, TEXAS First District of Texas 2/17/2015 11:41:00 AM At Houston CHRISTOPHER A. PRINE  Clerk

No. 1370103

In the 179th District Court Of Harris County, Texas  WILLIAM DELACRUZ

Appellant

V.

THE STATE OF TEXAS

Appellee



STATE’S 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 and in its motion, would

show the Court the following:

1. The State charged the appellant with one count of aggravated assault

with a deadly weapon, and the jury found the appellant guilty (CR –8, 19,

158, 171-72; 5 RR 25). The trial court sentenced him in accordance with

the jury’s verdict to four years in the Texas Department of Criminal

Justice, Institutional Division (CR – 168, 171-72; 6 RR 4-5). The

appellant filed a timely notice of appeal, and the trial court certified that he had the right to appeal (CR – 175-76). The State’s brief was due on

February 16, 2015. 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 brief was not assigned to the undersigned attorney until February 5, 2015.

b. The record in this case is over seventy megabytes in length split over eight volumes and will take some time to process.

c. The undersigned attorney was involved in completing the following written appellate projects since the appellant filed his brief:

(1) Presented at “Prosecutor Trial Skills Course” by TDCAA in Austin, Texas on January 5, 2015 (2) James Jones v. The State of Texas No. 01-14-00415-CR Brief Due January 19, 2015 (3) Terrio Holiday v. The State of Texas No. 14-14-00467-CR Brief Due January 20, 2015 (4) Jesus Escobar v. The State of Texas No. 01-13-00496-CR Brief Due February 2, 2015 (5) Brian Victorian v. The State of Texas No. 01-13-01004-CR Brief Due February 11, 2015, ext’d March 16, 2015 (6) Tiquisha Carrol v. The State of Texas No. 14-14-00178-CR Brief Due February 11, 2015 (7) Eladio Najera v. The State of Texas Bo. 14-14-00400-CR Brief Due February 19, 2015 (8) Manuel Rivera-Sanchez v. The State of Texas No. 01-14-00415-CR Brief Due February 27, 2015

Consequently, the undersigned attorney has been unable to complete the State’s reply brief in this case in the time permitted despite due diligence, and the requested extension of time is necessary to permit the undersigned attorney to adequately investigate, complete, and file the State’s appellate brief for this cause. 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 a thirty day extension of

time for the undersigned attorney to complete and file the State’s appellate brief in

this case

Respectfully submitted,

/s/ Katie Davis KATIE DAVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov to:

Paul Decuir, Jr. P.O. Box 9687 Houston, TX 77213 (281) 409-9692/phone (713) 450-2773/fax Paul.decuir@yahoo.com

/s/ Katie Davis KATIE DAVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242

Date: February 16, 2015