No. 01

- 13 -01004- CR In the Court of Appeals For the First District of Texas At Houston  No. 1363644 In the 1 82 nd District Court Of Harris County, Texas  BRIAN VICTORIAN Appellant V. THE STATE OF TEXAS Appellee  STATE’S SECOND 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 State charged the appellant with one count of aggravated sexual assault of a child under fourteen years of age enhanced by one prior felony conviction, and the jury found the appellant guilty (CR

– 7-8 , 18 , 1364, 136- 37 ; 6 RR 4-5 ). The trial court sentenced him to forty-five years in the Texas Department of Criminal Justice, Institutional Division (CR

–
136- 37 ; 7 RR 11

- 12 ). The appellant filed a timely notice of appeal, and ACCEPTED 01-13-01004-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 2/10/2015 2:39:55 PM CHRISTOPHER PRINE

CLERKthe trial court certified that he had the right to appeal ( CR

– 139

- 40 ). The

State’s brief wa s due on February 11 , 2014. This is the State’s second request for extension of time. The foll owing facts are relied upon to show good cause for a n extension of time to allow the State to file its brief :

a. This brief was not assigned to the undersigned attorney until December 22, 2014

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

.

c. The undersigned attorney was involved in completing the following writte n appellate projects since the appellant filed his brief:
(1 ) Terrio Holiday v. The State of Texas No. 14

- 14

- 00467

- CR Brief Due January 20, 2015 (2 ) Jesus Escobar v. The State of Texas No. 01

- 13

- 00496

- CR Brief Due February 2, 2015 (3 ) Tiquisha Carroll v . The State of Texas No. 14

- 14

- 00178

- CR Brief Due February 11, 2015 (4 ) Manuel Rivera

- Sanchez v. The State of Texas No. 01

- 14

- 00415

- CR Brief Due February 27, 2015 (5) William Delacruz v. The State of Texas No. 01

- 14

- 00606

- CR Brief Due February 16, 2015 (6) Eladio Najera v. The State of Texas No. 14

- 14

- 00400

- CR Brief Due February 19, 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 t he requested extension of time is necessary to permitthe 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 S tate 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 K ATIE D AVIS Assistant District Attorney Ha rris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

- 1923 (713) 755

- 5826 Davis_Katie @dao.hctx.net TBC No. 24070242CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov t o:
Kurt B. Wentz 5629 Cypress Creek Parkway Suite 115 Houston, TX 77069 kbsawentz@yahoo.com

/s/ 

### Katie Davis K ATIE D AVIS 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 10, 2015