No. 01

- 14 -00229- CR In the Court of Appeals For the First District of Texas At Houston
 No. 1415067 In the 338 th District Court Of Harris County, Texas
 KELVIN LYNN O'BRIEN 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 T EX

. R. A PP

. 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 appellant was charged with engaging in organized crime from

August 20 07 through April 2013 (CR

– 10 ). He pled “ not guilty” to the

charge, and the case was tried to a jury (CR

– 883 ). The jury found him

guilty, and the trial court thereafter assessed punishment at life in prison

on March 6, 2014 (CR

– 883 ). The appellant filed notice of appeal the ACCEPTED 01-14-00229-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/9/2015 8:50:06 AM CHRISTOPHER PRINE

CLERKsame day, and the trial court certified that he had the right to appeal (CR

– 886

- 887 )

.

2. T he State’s brief is due on January 9 , 201 5

. The State hereby requests a

30

- day extension for the filing of the State’s brief.

3. The following facts are relied upon to show good cause for a n extension

of time to allow the State to file its brief :

a. The reco rd in this case is over 4 17 meg abytes in length split over 34 volumes and will take a n ex traord in a ry amount of time to
process.

b. The undersigned attorney is responsible for screening every bill fi led in the Texas Legislature to determine its possible impact on the Harris County District Attorney ’ s Office, and this task has consumed a large amount of time since pre

- filing started in the Texas Legisl ature in November 2014

.

c. The undersigned attorney researched and answered by email more than fifty legal questions of trial prosecutors since the appellant filed his brief

. The undersigned attorney researched and answered even more such questions by phone dur ing that time period.

d. The undersigned attorney has been devoting a substantial amount of time in abatement proceedings in the 339 th District Court pursuant to an abatement order in cause number 1327402

. Such abatement proceedings involved the collection of evidence from witnesses, numerous hearing s before the trial court on the issues, and the drafting of and argument over proposed findings of the parties.

e. The undersigned attorney is responsible for supervising six other appellate prosecutors, and has spent a substantial amount of time reviewing the briefs of those prosecutors, attending their oral arguments, and assisting in the preparation of both during that time period. T he undersigned attorney has also been responsible fortraining a new appellate prosecutor, which requires more intense supervision and editing, and therefore, more of a time commitment.

f. The undersigned a ttorney has been involved in completing the following written appellate project since the appellant filed his brief:

(1 ) Cody Carr v. The State of Texas No. 14

- 14

- 0 0087

- CR Brief filed December 22 , 2014

( 2 ) Greg Saldinger v. The State of Texas No. 14

- 14

- 00402

- CR Brief filed December 24 , 2014

(3 ) Stephen Webb v. The State of Texas No. 01

- 14

- 00174

- CR Brief filed January 5 , 2015

( 4 ) Kelvin O ’Brien v. The State of Texas No. 01

- 14

- 00 229

- CR Brief due January 9 , 201 5

( 5 ) Antonio Perez v. The State of Texas No. 01

- 12

- 01001

- CR Supplement al briefing requested by First Court of A p peals due January 12 , 2015

(6 ) Bobby Peyronel v. The State of Texas No. 01

- 13

- 00198

- CR Brief on PDR due January 16 , 2015

( 7 ) Brogan Melchior v. The State of Texas No. 14

- 14

- 004 54

- CR Brief due January 16 , 201 5(8 ) Jose Vasquez v. The State of Texas No. 14

- 12

- 00096

- CR PDR due January 22 , 2015

( 9 ) Alex Gonzalez v. The State of Texas No. 01

- 14

- 00434

- CR Brief to be filed January 30 , 2015

WHEREFORE, the State prays that this Court will grant the requested extension.

Respectfully submitted,

/s/ Eric Kugler E RIC K UGLER Assistant District Attorney Harris County, Texas 1201 Franklin, S uite 600 Houston, Texas 77002

- 1923 (713) 755

- 5826 Kugler_eric@dao.hctx.net TBC No. 796910

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

Kyle Sampson Attorney at Law 917 Franklin , Suite 310 Houston, Texas 77002 kyle@kylesampsonlaw .com /s/ Eric Kugler E RIC K UGLER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

- 1923 (713) 755

- 5826 TBC No. 796910 Date: January 9
, 201 5