No. 01-14-01016-CR

In the 

Court of Appeals 

For the 

First District of Texas 

At Houston 



No. 1399329

In the 177th District Court 

Of Harris County, Texas 



GERARDO TAPIA-LOPEZ 

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 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 possessing methamphetamine 

with the intent to deliver in an amount of at least 400 grams, and the 

jury found the appellant guilty (CR – 7, 218; 4 RR 246). The jury 

assessed punishment at 23 years confinement in the Institutional 

Division of the Texas Department of Criminal Justice and a $1.00 fine 

(CR – 224-26; 5 RR 28-29). The trial court sentenced the appellant in 

accordance with the jury’s verdict (CR – 224-26; 5 RR 28-30). The 

ACCEPTED

01-14-01016-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/8/2015 1:58:23 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 1:58:23 PM CHRISTOPHER A. PRINE Clerk
appellant filed a timely notice of appeal, and the trial court certified 

that he had the right to appeal (CR – 228-30). The State’s brief was 

due on July 8, 2015. This is the State’s first request for an extension. 

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 16 megabytes in length split over 

seven volumes and will take some time to process.

b. This brief was not assigned to the undersigned attorney until June 

8, 2015.

c. The undersigned attorney was involved in completing the 

following written appellate projects since the appellant filed his

brief:

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

No. 14-14-00708-CR

Brief Filed May 11, 2015

 Prepared Proposed Findings of Facts and 

Conclusions of Law, filed June 15, 2015

(2) Jose Dominguez v. The State of Texas

No. 14-14-00652-CR

Brief filed June 18, 2015

(3) Jose Ramos v. The State of Texas

No. 01-14-00910-CR

Brief Filed June 25, 2015

(4) Jeremy Howard v. The State of Texas

No. 01-14-00911-CR

Brief Due July 1, 2015, ext. July 31, 2015
(5) The State of Texas v. Charles Trahan

No. 14-15-00472-CR

Brief Filed July 6, 2015

 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

 Record filed June 22, 2015

(6) Rafael Avellaneda v. The State of Texas

No. 14-14-00509-CR

Brief Due July 17, 2015

(7) Alfonson Malone v. The State of Texas

No. 01-14-00054-CR

Abated June 30, 2015 to locate State’s Exhibit 1 

Set for a hearing in the trial court on July 17, 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:

Bob Wicoff

Assistant Public Defender

Harris County, Texas

1201 Franklin, 13th Floor

Houston, TX 77002

(713) 368-0016

Bob.Wicoff@pdo.hctx.net

/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: July 8, 2015