No. 01

- 14

- 00738

- CR No. 01

- 14

- 00739

- CR

In the 

### Court of Appeals
For the 

### F irst District of Texas
At Houston

♦

No. 1383989 No. 1383990 In the 338th District Court Harris County, Texas

♦



### WILLIAM HORHN Appellant

v. 

### THE STATE OF TEXAS App ellee

♦



### STATE’S THIRD & FINAL 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 o f Appellate Procedure, and files this motion for extension of

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

following: ACCEPTED 01-14-00738-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 5/28/2015 11:47:25 AM CHRISTOPHER PRINE

CLERK1. In the 338th District Court of Harris County, Texas, on August 27, 2014, in cause

numbe r 1383989, the Appellant was convicted in The State of Texas v. William

Columbus Horhn.

2. For the offense of debit card abuse, Appellant was se ntenced to six months in

state jail.

3. In the 338th District Court of Harris County, Texas, on August 27, 2 014, in cause

number 1383990, the Appellant was convicted in The State of Texas v. William

Columbus Horhn.

4. For the offense of fraudulent use of identifying information, Appellant was

sentenced to twenty years in prison.

5

. W ritten notice s of appeal w e re timely filed on August 27 , 2014

.

6

. The Appellant’s brief was filed with this Court on February 23, 2015

.

7

. The State’s brief was due to be filed with this Court on May 26, 201 5 , after two

extensions

.

8

. A third and final motion for extension of time in which to file the S tate’s brief is

reque sted until June 2, 2015.

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

T his brief was due on May 26, 2015 , with no further extensions, absent extraordinary circum stances. Due to the recent flooding, the H a rris County Criminal Justice Center was clo sed for two days, May 26 & 27, 2015.

Thus, t he attorney assigned to th is appeal, the Chief of the Appellate Division, Alan Curry, was unable to work on this case. Further, he is currently in Austin for the Conference of Criminal Appeals from May 27

- 29, 2015, that was previo u s l y scheduled

. He will not return to the office until n ext week.Therefore, I am respectfully requesting on his behalf additional time in order to properly respond to appellan t ’ s brief in this case.

WHEREFORE, the State prays that this Court will g r ant an extension of time until

June 2, 2015, in which to file the State’s brief in this case.

Respec tfully submitted,

/s/ Jessica Akins

Jessica Akins Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755

- 5826 akins_jessica@dao.hctx.net State Bar Number: 24029415

On behalf of Alan Curry

CERTIFICATE OF SERVICE

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

appellant ’s attorney at the following address es on May 28, 2015 :



### Mark Kratovil Attorney at Law 1201 Franklin Street, 13th Floor Houston, Texas 77002

/s/ Jessica Akins

Jessica Akins

Date: May 28, 2015