Darius Dontae Lovings v. State ( 2015 )


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  •                                                                                                ACCEPTED
    03-14-00408-CR
    5332150
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    5/19/2015 8:13:32 AM
    JEFFREY D. KYLE
    NO. 03-14-00088-CR                                                   CLERK
    03-14-00408-CR
    IN THE                          FILED IN
    3rd COURT OF APPEALS
    AUSTIN, TEXAS
    COURT OF APPEALS                   5/19/2015 8:13:32 AM
    JEFFREY D. KYLE
    Clerk
    THIRD DISTRICT OF TEXAS
    AUSTIN, TEXAS
    DARIUS DONTAE LOVINGS                      §                           APPELLANT
    VS.                                        §
    THE STATE OF TEXAS                         §                              APPELLEE
    APPEAL FROM THE 390TH JUDICIAL DISTRICT COURT
    TRAVIS COUNTY, TEXAS
    CAUSE NO. D1-DC-12-301231 and D1-DC-12-203247
    STATE'S SECOND MOTION FOR EXTENSION OF TIME
    TO THE HONORABLE COURT OF APPEALS:
    The State of Texas respectfully moves for an extension of the deadline for filing
    the State’s brief and, in accordance with Texas Rules of Appellate Procedure 38.6 and
    10.5(b), advises the Court as follows:
    (a)     Following his convictions for Murder and Aggravated Robbery, the
    appellant filed his notice of appeal in the above causes on February 10, 2014, and June
    18, 2014. Appellant’s counsel filed a brief on March 18, 2015.
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    (c)      The State’s brief is currently due on May 18, 2015.
    (c)      This request is that the deadline for filing the State’s brief be extended by
    30 days.
    (d)      The number of previous extensions of time granted for submission of the
    State’s brief is: one.
    (e)      The State relies upon the following facts to reasonably explain the need
    for an extension of the deadline:
    1. During the period since the appellant’s brief was filed, the undersigned
    attorney has completed and filed an original brief in another pending
    appellate case, (i.e. In the Matter of R.J., No. 03-14-00389-CV); and has
    completed and filed an answer in another case pending in the 167th Judicial
    District Court of Travis County on a writ of habeas corpus (Ex parte Gary
    Stier, No. 0924772). The undersigned attorney is also responsible for
    preparing the State’s brief in another pending appellate case (i.e. In the
    Matter of N.G.-D., No. 03-14-00437-CV).
    2. This request is not made for the purpose of delay, but to ensure that the
    Court has a proper State’s brief to aid in the just disposition of the above
    cause.
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    WHEREFORE, the State of Texas respectfully requests that the deadline for
    filing the State’s brief be extended to June 17, 2015.
    Respectfully submitted,
    ROSEMARY LEHMBERG
    District Attorney
    Travis County, Texas
    /s/ Kathryn A. Scales
    Kathryn A. Scales
    Assistant District Attorney
    State Bar No. 00789128
    P.O. Box 1748
    Austin, Texas 78767
    (512) 854-9400
    Fax No. 854-4810
    Kathryn.Scales@traviscountytx.gov
    AppellateTCDA@traviscountytx.gov
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    CERTIFICATE OF COMPLIANCE
    Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based
    upon the computer program used to generate this motion, that this motion contains
    283 words, excluding words contained in those parts of the motion that Rule 9.4(i)
    exempts from inclusion in the word count. I certify, further, that this motion is
    printed in a conventional, 14-point typeface.
    /s/ Kathryn A. Scales
    Kathryn A. Scales
    Assistant District Attorney
    CERTIFICATE OF SERVICE
    I hereby certify that, on the 19th day of May, 2015, a true and correct copy of
    this motion was served, by U.S. mail, electronic mail, facsimile, or electronically
    through the electronic filing manager, to the Appellant’s attorney, Paul Evans,
    Attorney at Law, 811 Nueces Street, Austin, Texas 78701-2215.
    /s/ Kathryn A. Scales
    Kathryn A. Scales
    Assistant District Attorney
    4
    

Document Info

Docket Number: 03-14-00408-CR

Filed Date: 5/19/2015

Precedential Status: Precedential

Modified Date: 9/29/2016