ACCEPTED 14-14-00375-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 7/1/2015 2:36:33 PM CHRISTOPHER PRINE CLERK No. 14-14-00375-CR In the FILED IN Court of Appeals 14th COURT OF APPEALS HOUSTON, TEXAS For the 7/1/2015 2:36:33 PM Fourteenth District of Texas CHRISTOPHER A. PRINE At Houston Clerk

 No. 1402036 In the 338th District Court of Harris County, Texas  FRANK JAMES DISTEFANO Appellant v. THE STATE OF TEXAS Appellee  STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF 

TO THE HONORABLE COURT OF APPEALS OF TEXAS: COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for extension of time in which to file the State’s brief in these cases, and, in support thereof, presents the following: 1. In the 338th District Court of Harris County, Texas, in The State of Texas v. Frank James Distefano, cause number 1402036, was convicted of one count of sexual performance by a child.

2. He was assessed punishment of confinement for 75 years in the Correctional Institutions Division of the Texas Department of Criminal Justice.

3. A written notice of appeal was timely filed.

4. The State’s brief was due on June 22, 2015.

5. An extension of time in which to file the State’s brief is requested until August 3, 2015.

6. No previous extensions have been requested by the State.

7. The facts relied upon to explain the need for this extension are: The District Attorney’s office did not receive a copy of appellant’s brief until this morning. Consequently, counsel for the State has been unable to commence preparation of the State’s brief.

WHEREFORE, the State prays that this Court will grant an extension of time until August 3, 2015 in which to file the State’s brief in this case.

Respectfully submitted, /s/ Alan Curry ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 [email protected] CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been mailed to the appellant’s attorney at the following address on July 1, 2015: Carmen Roe Attorney at Law Louisiana, Suite 900 Houston, Texas 77002 /s/ Alan Curry ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 [email protected] Date: July 1, 2015