No. 01 - 14 -01016- CR In the Court of Appeals For the First District of Texas At Houston
 No. 1399329 In the 1 77 th 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 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 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

CLERKappellant filed a timely notice of appe al, and the trial court certified
that he had the right to appeal (CR

– 228
- 30). The State’s brief wa s
due on July 8 , 2015

. This is the State’s first request for an ex tension. The following 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 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

- 007 08
- 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 Ex hibit 1 Set for a hearing in the trial court on Jul y 17, 2015

Consequently, the undersigned attor ney 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 S tate’s appellate brief in

this case

. Respectfully submitted,

/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 copy of the foregoing instrument will be served by efile.txcourts.gov to:

Bob Wicoff Assistant Public Defender Harris County, Texas 1201 Franklin, 13 th Floor Houston, TX 77002 (713) 368

- 0016 Bob.Wicoff@pdo.hctx.net

/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: July 8

, 2015