CAUSE NO. 01 -15- 00 0 32
- CR CAUSE NO. 01
- 15
- 00033
- CR JOE EDDIE ALEJANDRO § IN THE COURT OF APPEALS FOR § V. § THE FIRST JUDICIAL DISTRICT, § THE STATE OF TEXAS § AT HOUSTON , TEXAS

____________________________________________________ STATE’ S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

____________________________________________________ TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW the State of Texas, by the undersigned assistant d istrict

a ttorney, and moves the Court for an extension of time to file its appellate brief in the
above

- captioned case s . The State would respectfully show the Court the following : 1. On November 6, 2014, the appellant was convicted of the offense of aggravated sexual assau lt of a child (Ct. II), and indecency with a child by sexual contact (Ct. III) , and his punishment was assessed in Count II at imprisonment for thirty years , and in Count III at imprisonment for ten years

. 2. The appellant’s brief was filed in this Court on Ju ne 24 , 201 5.
3. The State’s brief is presently due to be filed in this Court on A ugust 24 , 201 5.
4. The State has previously re quested o ne extension of time to file its brief.

1 ACCEPTED 01-15-00032-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/14/2015 11:09:38 AM CHRISTOPHER PRINE

CLERK5. The State hereby requests a 3 0

- day extension of time to file its brief, until
S eptember 24 , 201 5

. 6. Good cause exists for the requested extension of time, for the following

reasons: In the past 30 days, the undersigned counsel for the State has been required to prepare the State’s petition for discretionary review in The State of Texas v. Jessica Sekerka Siegel , Case No. PD

- 0962

- 15 , the State’s appellant brief in J ennifer Sobel v. The State of Texas , Case No. 09

- 1 4

- 0 0426

- CR, the State’s appellant brief in Gary Edward Vines v. The State of Texas , Case No. 09

- 1 4

- 00 487

- CR, the State’s appellant brief in Carol Ann Davis v. The State of Texas , Case No. 09

- 1 5

- 00 06 3

- CR, the State’s answer to application for post

- conviction writ of ha beas corpus, and proposed findings of fact and conclusions of law in Ex parte Clyde James Freeman , Case No. 09

- 11

- 11188

- CR

- (3); the State’s answer to application for post

- conviction writ of habeas corpus, and proposed findings of fact and conclusions of la w in Ex parte Steven Keith Milliff , Case No. 11

- 03

- 02327

- CR

- (1)

. In addition, undersigned counsel is assigned to serve as the prosecutor on Montgomery County’s misdemeanor expunction and nondisclosure cases, and has been required to attend to numerous h earings and other duties pursuant to those assignments, and is also assigned to serve as the prosecutor on Montgomery County’s mental health cases, and has been required to attend to dutie s pursuant to that assignment Further, the undersigned counsel was out of the office from August 5, 2015, through August 7, 2015, on a pre
- planned vacation

. C onsequently, counsel has not had sufficient time to prepare an adequate State’s brief in this case

. THEREFORE, the State requests an extension of time to file its brief until

2S eptember 24 , 201 5 , in this case. Respectfully submitted,
BRETT W. LIGON District Attorney Montgomery County, Texas

/s/ Jason Larman JASON LARMAN Assistant District Attorney Montgomery County, Texas S.B.T. No. 2407 2468 207 W. Phillips, Second Floor Conroe, Texas 77301 (936) 539

- 7800 (936) 788

- 8395 (fax)

3CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing motion was

e
- mailed to M s
. Heather Hall , attorney for the appellant on the date of the filing of the original with the Clerk of this Court.

/s/ Jason Larman JASON LARMAN Assistant District Attorney Montgomery County, Texas

4