No. 01-13-01004-CR

In the 

Court of Appeals 

For the 

First District of Texas 

At Houston 



No. 1363644

In the 182nd 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 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 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/10/2015 2:39:55 PM CHRISTOPHER A. PRINE Clerk
the trial court certified that he had the right to appeal (CR – 139-40). The

State’s brief was due on February 11, 2014. This is the State’s second 

request for extension of time. 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 

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 written 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 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:

Kurt B. Wentz

5629 Cypress Creek Parkway

Suite 115

Houston, TX 77069

kbsawentz@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 10, 2015