No. 14-14-00652-CR

In the 

Court of Appeals 

For the 

Fourteenth District of Texas 

At Houston 



No. 1434552

In the 178

th District Court 

Of Harris County, Texas 



JOSE ALFREDO DOMINGUEZ 

Appellant 

V.

THE STATE OF TEXAS

Appellee



STATE’S FINAL 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 capital murder by intentionally 

causing the death of Ercile Johnson during the course of a burglary, and 

the jury found the appellant guilty (CR – 6, 82; 6 RR 35). The trial court 

sentenced him in accordance with the jury’s verdict to life in prison 

without parole in the Texas Department of Criminal Justice, 

Institutional Division (CR – 83-84; 6 RR 36). The appellant filed a timely 

ACCEPTED

14-14-00652-CR

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

6/2/2015 1:26:31 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 6/2/2015 1:26:31 PM CHRISTOPHER A. PRINE Clerk
notice of appeal, and the trial court certified that he had the right to 

appeal (CR – 86-88). After two extensions the State’s brief is due on June

5, 2015. The State seeks an additional and final extension of 30 days to 

file its brief, until July 3, 2015. The following facts are relied upon to 

show good cause for an extension of time to allow the State to file its 

brief:

a. The record in this case is over 48 megabytes in length split over 8

volumes and will take some time to process. The appellant brings 

three points of error, one of which is ineffective assistance alleging 

six separate ways counsel was deficient. The undersigned attorney 

has completed review of the record and is now in the process of 

addressing the appellant’s complaints. 

b. During the previous two months, while reading the record in this 

case, the undersigned attorney filed 5 other appellate briefs.

c. As part of her duties as an appellate team member to the 

misdemeanor courts, the undersigned attorney completed 29

research projects for trial lawyers assigned to her in the last two 

months, including assisting trial court prosecutor prepare for 

Motion for New Trial hearing in The State of Texas v. Charles Trahan, 

1974704, the results of which the State has filed notice of appeal. 

d. Last month, the undersigned attorney was unable to access her 

office due to the severe flooding of Houston that occurred after 

Memorial Day weekend. The Harris County Criminal Justice 

Center was closed May 26-27, 2015. 

e. Last month, the undersigned attorney attended a previously 

scheduled CLE by UT Law CLE: The Court of Criminal Appeals 

Conference in Austin, Texas from May 27-29, 2015 to maintain her 

State mandated CLE requirements. 
f. The undersigned attorney was also involved in completing the 

following written appellate projects since the appellant filed his

brief:

(1) William Delacruz v. The State of Texas

No. 01-14-00606-CR

Brief filed March 9, 2015

(2) Eladio Castro Najera v. The State of Texas

No. 14-14-00400-CR

Brief filed March 19, 2015

(3) James Jones v. The State of Texas

No. 14-14-00404-CR

Brief filed April 24, 2015

(4) Randy Segura v. The State of Texas

No. 01-14-00955-CR

Brief filed April 9, 2015

(5) Jeremy Dugar v. The State of Texas

No. 14-14-00245-CR

 Conviction reversed on April 9, 2015 

 Unexpected response to appellant’s bail request 

filed on April 24, 2015

 Unexpected Petition for Discretionary Review filed

May 9, 2015.

(6) Odel Roderick Allen v. The State of Texas

No. 14-14-00708-CR

Brief filed May 11, 2015

(7) The State of Texas v. Charles Trahan

County Court At Law No. 4

1974704

 Assisted trial prosecutor in Motion for New Trial

 Preparing for State’s appeal

 Filed Notice of Appeal May 11, 2015

 Assigned to the Fourteenth Court of Appeals on 

May 20, 2015

(8) Albert Nieves v. The State of Texas 

No. 01-14-00294-CR

Brief filed May 29, 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 undersigned attorney requests a final extension of 30 

days to complete briefing on this case and believes it will be 

completed by July 3, 2015. 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 30 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:

Nicole DeBorde

712 Main Street, Suite 2400

Houston, TX 77002

713-228-8500

Nicole@BSDLawFirm.Com

/s/ 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: June 2, 2015