Evans, Brandon Derrail ( 2015 )

PD-1133-15 PD-1133-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/31/2015 4:25:02 PM Accepted 9/1/2015 12:40:30 PM ABEL ACOSTA NO. CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS AT AUST IN ----------------------------------------------------------------- NO. 01-14-00345-CR IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ----------------------------------------------------------------- BRA NDO N DE RRA IL EV ANS, APPELLANT V. THE STA TE OF T EXAS, APPELLEE ------------------------------------------------------------------ MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW ----------------------------------------------------------------- Winston E. Cochran, Jr. Attorney at Law Texas Bar No. 04457300 P.O. Box 2945 League City, TX 77574 Tel. (713) 228-0264 E-mail:winstoncochran@comcast.net September 1, 2015 Counse l for Appellant TO THE COURT OF CRIM INAL AP PEALS O F TEXA S: COMES NOW the appe llant, Brandon D erra il Evans (hereinafter “Evans ”), through the undersigned counsel, and respectfully requests that this Court exte nd the time to file a petition for discretionary review of the decision in this cause by the Court of Appeals for the First District of Texas, for reasons set forth as follows. 1. Evans was indicted for Posse ssion of a Firearm b y a Felon. A jury found Evans guilty as charged. Punis hment wa s as ses sed at confine ment for five years in the Texas Depa rtment of Criminal Justice, C orrectional Institutions D ivision. Evans gave timely notic e of a ppe al. 2. On a ppeal Eva ns challenged the sufficiency of the evidence to show that he knowingly possessed a firearm which was located on the floor of a vehicle in which he was s eated. The issue e ssentially was a question a s to how the “affirmative links” doctrine applied. The Court of Appeals affirmed the judgment of the district court on July 30, 2015. 3. A pe tition for discretionary review is due on Monday, August 31, 2015. Evans requests an extension of time for filing a petition until October 2, 2015. 4. The reasons for the requested extension are as follows: Since the date of the Co urt of Appeals’ opinion in this cause, Evans’ counsel has bee n unable to co mplete a petition in this c ause due to competing ob ligatio ns in trial, appellate, and habe as cas es, including the following: (1) Jose Pa blo Lop ez v. S tate, No. 01-15-00055-CR in the Court of App eals for the Firs t Dis trict of Te xas. This appea l from a Capital Murder conviction in Galveston C ounty required a 5 3-page brief, filed on August 3, 2015. (2) United States v. Clarence Buck, No. 4:13-c r-00491-1 in the United States District C ourt fo r the S outhe rn District of Texas. This case is a Hobbs Act prosecution for store robberies, and the undersigned attorney has assisted the trial attorneys in preparing pretrial motions, including a challenge to the use of the Hobbs Act in such cases. The undersigned attorney also had to help trial counsel with the unanticipated problem of spo liation of evidence, which e merged in the middle of tria l. (3) Ex parte Michael Ramirez, No. 1334211-A in the 182nd District Court of Ha rris C ounty. This state po stconviction w rit application had to be file d in early A ugust, 2015 in order to to ll the running of the AEDPA statute of limitations. (4) Pete Russell, Jr. v. William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division, in the United States District Court for the Southern District of Texas. Counsel has been working on an amend ed petition (the e quivalent of a memorandum of law in state habeas proceedings) in a death-penalty case. Evans is requesting slightly more than a thirty-day extension because his counsel also is seeking an extension to file a petition for discretionary review in another case, Andrew Dem ond H aynes v. State , by September 30, 2015. Having a two-day cushion for filing this petition, rather tha n trying to file two petitions in unrelated cas es on the same da y, w ould be helpful. 5. The issue which E vans intends to present in his petition will be the following question, o r a similarly worded question: 2 Did the Court o f Appeals e rr in its interpretation and a pplication of the “affirmative links” conc ept in holding that the evide nce wa s sufficient? This is essentially a question of interpreting the law, particularly the balance between “links” w hich are show n and those which are no t, rather than a q uestion of the sta te of the evidence in the particular case. Wherefore Evans pra ys that the time for filing a petition for discretionary review in this cause be extended to October 2, 2015. Respectfully submitted, /s/ Winston E. Cochran, Jr. Winston E. C ochran, Jr. Attorney at Law Texas Bar No. 04457300 P.O. Box 2945 League City, TX 77574 Tel. (713) 228-0264 E-mail:winstoncochran@comcast.net Counse l for Appellant 3 CERTIFICATE OF SERVICE I certify that copies of this petition have be en served on counse l for the State electronically or by mail at the following addresses on August 31, 2015: Galveston County District Attorney’s Office Hon. Lisa C . Mc Minn Appellate Division State Prosecuting Attorney Attention: Rebecca Klaren P.O. Box 13046 600 59 th Street Austin, TX 78711-3046 Galveston, TX 77551 /s/ Winston E. C ochran, Jr. Winston E. C ochran, Jr. 4