Page 1 of 4 No . 14 -15- 00 2 09
- CR
In the Court of Appeals For the Fourteenth District of Texas At Houston

 No . 13 92161 In the 1 84 th Criminal District Court Of Harris County, Texas

 ERICK EDUARDO HERNANDEZ

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 OF TEXAS: COMES NOW THE STATE OF TEXAS, appellee, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for extension of time in which to file the State’s brief in this case, and, in support thereof, presents the following: ACCEPTED 14-15-00209-CR FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 9/18/2015 11:07:43 AM CHRISTOPHER PRINE

CLERKPage 2 of 4

1. In the 1 84 th Criminal District Court of Harris County, Texas, in cause number 1 3 92161 , the State charged appellant by indictment with capital
murder i n The State of Texas v. E rick Eduardo Hernandez

. 2. A jury found appellant guilty of the lesser

- included

- offen se of murder and assessed appellant ’ s punishment at confinement in the Texas Department of Criminal Justice, Correctional Institutions Division, for life.
3. The trial court sentenced appellant in accordance with the jury ’ s v erdict on February 20, 2015, and also entered an affirmative deadly weapon finding in
the court ’ s written judgment of conviction and sentence

. 4. Appellant timely filed written notic e of appeal on February 20, 2015.
5. Appellant filed his appellate brief with this Court on A ugust 19 , 201 5

. 6. The State’s appellate brief is due on S eptember 1 8 , 201 5

. 7. This is the State’s first request for an extension.
8. The State requests that this Court extend the timeframe for the State to file
its appellate brief to O ctober 19 , 201 5

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

a. D uring the time in which the undersigned attorney will be researching and preparing the State’s appellate brief for this case , she will also be researching and preparing the State’s appellate brief s in th e following

case s that are also assigned to her:Page 3 of 4 i. James Agbeze v. State of Texas ; No. 14

- 15

- 00474

- CR
ii. G eraline Gregory Lincoln v. State of Texas ; Nos. 14

- 14

- 0095 7

- CR, 14

- 14

- 00 959

- CR
iii. Joe Lee Bowden v

. State of Texas ; No. 14

- 14

- 00955

- CR
iv. Anthony D

. Alford v. State of Texas ; No. 14

- 15

- 00360

- CR

v. Juan Mendoza v

. State of Texas ; No. 14

- 15

- 00537

- CR
10. 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 t he requested extension of time is neces sary to permit the undersigned attorney to adequately investigate, complete , and file the State’s appellate
brief for this cause.
11. 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 State an
extension of time , until O ctober 1 9 , 201 5 , for the undersigned attorney to complete and file the State’s appellate brief in this case

. Respectfully submitted,
/ S / Melissa Hervey
M ELISSA P. H ERVEY As sistant District Attorney Harris County, Texas State Bar No. 24053741Page 4 of 4 1201 Franklin Street , Suite 600 Houston, Texas 77002 Telephone (713) 755

- 5826 Fax (713) 755

- 5809 Hervey_Melissa@dao.hctx.net

CERTIFICATE OF SERVICE This is to certify tha t a true and correct copy of the foregoing instrument has been served upon A ngela Cameron , appellant’s attorney of record on appeal, on
S ep tember 18 , 2015, at the following e

- mail address, through the electronic service system provided by eFile.TXCourts.gov:
A ngela.Cameron@pdo.hctx.net

/ S / Melissa Hervey
M ELISSA P. H ERVEY Assistant District Attorney Harris County, Texas State Bar Number: 24053741 1201 Franklin Street , Suite 600 Houston, Tex as 77002 Telephone (713) 755

- 5826 Fax (713) 755

- 5809 Hervey_Melissa@dao.hctx.net