AP-77,025
COURT OF CR||V||NAL APPEALS

F'LED 'N AusTlN, TE)<As
COURT OF CR'M'NALAF’PEALS Transmitted 1/12/2015 6;03;24 PM
Accepted 1/13/2015 9:17:44 A|Vl
Janaury 13 2015
' ABEL AcosTA
NO. AP/77,025 cLERK

ABELACOSTA, CLERK

At Austin

\
ln the /E
TeXas Court of Criminal Appeals 0 WV§-J

.
NO. 1384794 q}o
ln the 337th Criminal District Court \J
Of Harris County, TeXas

.

GBEL CRUZ/GARCIA
Appellant `

V.
THE STATE OF TEXAS
Appcllce

 

 

_._________
STATE’S SECOND MOTION FOR EXTENSION OF Tll\/IE
y IN WHICH TO Fll_l§ APPELLATE BRIEF

0

 

TO THE HONGRABLE COURT OF CRIMINAL APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 68.2(c) moves
for an extension of time Within Which to file its appellate brief ln support
of its motion, the State submits the following

1. Appellant Was charged by indictment With the felony offense of
capital murder

2. The case Was tried before a jury Who found appellant guilty as
charged

3. The jury answered the special issues

4. The trial court assessed punishment at death, in accordance With
TeXas Code of Criminal Procedure article 37.071 section Z(g).

5. Sentence was entered]uly 22, 2013.

6. Direct appeal to this Court is automatic

7 . Appellant’s brief was filed on September 15, 2014, after receiving
extensions from this Court for a period of nine months. '

8. After one extension of 90 days, the State’s appellate brief is due on
]anuary 13, 2015.

' 9. The State seeks an additional extension of 90 days to file its brief,
until April 13, 2015 .

10. The following facts are relied upon to show good cause for the
requested extension:

a.

During the previous 90 days, the undersigned attorney
has filed_'§ appellate briefs, two of which are PDR’s to
this Court, jessica Tata v. Statc and Gary Wayne Wilson v.
Sfa[€. '

As part of her duties as the appellate team member for
the Crimes Against Children Division, the undersigned
attorney has spent considerable time in researching,
planning and drafting two criminal statutes as well as
bill analysis for this legislative session ~ online
solicitation of a minor and failure to report child abuse.

As part of her duties as an appellate team member to the
felony courts, the undersigned attorney has completed
46 research projects for trial lawyers assigned to her in
the last 90 days. '

During the last 90 days, the undersigned attorney has
three times represented her office by presenting courses
for Continuing I_egal Education ~ “Top Ten Trial
l\/listal<es" in October of 2014 for the_Harris County DA’s
office, “From the Fire to the Courthouse” also in October
2014 for NAI_S (Association of Legal Professionals), and
“The Prosecutor`s Evidence Primer” in january 2015
for TDCAA’s Prosecutor Trial Sl<ills Course.

e. The undersigned attorney also handled the direct appeal
of the co/defendant in this case. lt is set for oral
argument in the Fourteenth Court of Appeals on
February 3, 2015, Rogelio Aviles/Barroso v. State, which
requires preparation as complex issues have been raised.

f. The undersigned attorney has an article due for The
Texa_s Prosecutor, the official journal of TDCAA, on
February 6, 2015.

g. The Appellate Division of the Harris County’s DA’s office
is currently operating with less prosecutors, resulting in
a higher workload As of this month, two prosecutors
will have left the division (one elected to this Court and
another called up by the Navy). There are plans to only
replace one of those positions at the end of the month.

h. The appellate record in the present case is voluminous,
consisting of 35 volumes. Appellant brings 12 points of
error on appeal.

i. The undersigned attorney is responsible for filing
appellate briefs in three other cases assigned to her, as
well as a petition for discretionary review to this Court
in Osmin Peraza v. State this month.

j. 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 the
requested extension until April 13, 2015.

Respectfully submitted,

/y/ Tmlca/Akwa

]Essch AKINS

Assistant District Attorney
,Harris County, Texas

State Bar Number: 24029415

CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, this certifies that onjanuary 12, 2015,

a copy of the foregoing was sent to the following:

Wayne T. Hill

Attorney at l_aw

4615 Southwest Freeway, Suite 600
Houston, Texas 77027
v\>'thlaw@aol.com

/y/ TMLCWAl</va _

]Essch AKINS

Assistant District Attorney
Harris County, 'l`exas

1201 Franklin, Suite 600
Houston, Texas 77002

(713) 755/5826

State Bar Nurnber: 24029415
akins jessica@dao.hctx.net

 

