ACCEPTED 04-14-00338-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/29/2015 2:54:45 PM KEITH HOTTLE CLERK NO. 04-­‐14-­‐00338-­‐CR

FILED IN 4th COURT OF APPEALS BENNY CAVASOS VALVERDE, § IN THE COURT OF TEXAS SAN ANTONIO, Appellant 09/29/15 2:54:45 PM KEITH E. HOTTLE Clerk vs.

§ APPEALS, FOURTH

THE STATE OF TEXAS,

§ COURT OF APPEALS

Appellee

§ SAN ANTONIO, TEXAS

A MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRFIEF

TO THE HONORABLE COURT OF APPEALS:

Now comes the State of Texas, Appellee in the instant cause, by

and through his undersigned counsel, Edward F.

Shaughnessy, and files

this Appellee’s Motion for Extension of Time to File Appellee’s Brief.

In

support of the instant motion the Appellee would show unto this Court

the following:

A.

The Appellant is appealing the judgment of the 290th District

Court of Bexar County Texas wherein he was convicted of Murder and

sentenced to thirty (30) years of confinement in the Institutional Division of the Texas Department of Criminal Justice.

Notice of Appeal

was filed in a timely fashion in the trial Court.

B.

The undersigned is serving as a prosecutor pro tem pursuant to an

appointment by the judge of the 290th District Court of Bexar County due

to a conflict of interest on the part of the Criminal District Attorney for

Bexar County.

The undersigned did not serve as the prosecutor in the

trial Court.

C.

The Appellant’s brief in the instant matter was filed in this Court

on June 1, 2015.

The Appellee’s brief was due to be filed on September

21, 2015.

The Appellee would request a thirty-­‐day extension of time to

file the Appellee’s brief until October 21, 2015.

C.

Counsel is in the process of compiling briefs in the following

matters: James Garza v. The State of Texas, Cause No. 04-­‐15-­‐000456-­‐CR

and Richard Longoria v. The State of Texas, Cause No. 13-­‐15-­‐00173-­‐CR.

The undersigned is also in the process of compiling a Petition for

Discretionary Review in the case of Alvin Valadez v. The State of Texas,

Cause No. 04-­‐1400626-­‐CR.

D.

The record of the instant case has been obtained from the office of

the Clerk and a review of that record has been undertaken.

E.

The undersigned is also in the process of compiling a proposed

order on the post-­‐conviction writ of habeas corpus in the case of Ex

Parte Denise Crouch, Cause no. 08-­‐06-­‐9897-­‐1-­‐CR, currently pending

before the 38th District Court for Medina County.

PRAYER

Wherefore premises considered, the Appellee would request a

sixty day extension of time file the brief in the instant case until October

21, 2015.

Respectfully submitted,

/S/_____________________________

Edward F.

Shaughnessy, III Attorney for the Appellee East Locust Street San Antonio, Texas 78212 SBN: 18134500 Phone: (210) 212-­‐6700 Fax: (210) 212-­‐2178 [email protected]

CERTIFICATE OF SERVICE

I hereby certify that a copy of the instant motion was served upon David Schulman, attorney for the appellant by e-­‐mailing the motion to [email protected] on this the 29th day of September, 2015.

/S/____________________________ Edward F.

Shaughnessy, III Attorney for the Appellant