No. 14- 14

- 00 652- CR In the Court of Appeals For the Fourteenth District of Texas At Houston

 No. 1434552 In the 17 8 th District Court Of Harris County, Texas

 JOSE ALFREDO DOMINGUEZ

Appellant V. THE STATE OF TEXAS Appellee

 S TATE’S FINAL 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 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

senten ced 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

CLERKnotice of appeal, and the trial court certified that he h ad the right to

appeal (CR

– 86

- 88 ). After two extensions t he 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 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. 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 th r ee 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 proc ess 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 th e 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 S t ate has filed notice of appeal.

d. Last month, t he 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, t he undersigned attorney attended a previously scheduled CLE by UT Law CLE: The Court of Criminal Appeals Conference in Austin, Texas from May 27

- 29, 201 5 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 2 4 , 2015 (4) Randy Segura v. The St ate of Texas No. 01

- 14

- 00955

- CR Brief filed April 9, 2015 (5) Jeremy Dugar v. The State o f Texas No. 14

- 14

- 00245

- CR

 Conviction reversed on April 9, 2015

 Unexpected response to appellant’s bail request filed on April 24, 2015

 U nexpected Petition for Discretionary Review filed May 9, 201 5. (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 F o urteenth Court of Appeals on May 20, 2015 (8) Albert Nieves v. The State of Texas No. 01

- 14

- 00294

- CR Brief filed May 29, 2015Consequently, the undersigned attorney has been unable to

complete the State’s reply brief in thi s case in the time permitted despite due diligence , and t he 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 subm itted,

/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. 24070242CERTIFICATE OF SERVICE

This is to certify that a c opy 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
Assi stant 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