Prevost, Jeffery Keith ( 2015 )

AP-77,039
FILED IN COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
COURT OF CRIMINAL APPEALS
Transmitted 6/8/2015 11:12:12 AM
Accepted 6/8/2015 11:15:10 AM
June 8, 2015 ABEL ACOSTA
No. AP-77,039 CLERK
ABELACOSTA, CLERK
In the
Texas Court of Criminal Appeals
At Austin
No. 1414421
V <
In the 351st Criminal District Court
Of Harris County, Texas
JEFFERY KEITH PREVOST
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE'S SECOND MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE APPELLATE BRIEF
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS moves for an extension of time within which
to file its appellate brief. In 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 2(g).
5. Sentence was entered April 5, 2014.
6. Direct appeal to this Court is automatic.
7. Appellant's brief was filed on February 6, 2015.
8. The State's appellate brief was originally due on March 9, 2015.
9. On March 6, 2015, this Court granted a 90-day extension of time in
which to file the State's appellate brief.
10. The State's appellate brief is due on June 8, 2015.
11. The State seeks an additional extension of 30 days to file its brief,
until July 8, 2015.
12. The following facts are relied upon to show good cause for the
requested extension:
i. The appellate record in the present case is voluminous,
consisting of 39 volumes. Appellant brings 10 points of
error on appeal.
ii. The undersigned attorney filed an appellate brief on March
31, 2015 in Cause No. 01-14-00486-CR, Mark Castellano,
Appellant v. The State ofTexas, Appellee.
iii. The undersigned attorney filed an appellate brief on May
12, 2015 in Cause No. 01-14-00593-CR, Tony Escobar,
Appellant v. The State ofTexas, Appellee.
iv. The undersigned attorney is preparing for oral argument on
June 17, 2015 before the Fourteenth Court of Appeals in
Cause No. 14-14-00139-CR, Isaac Smith, Appellant v. The
State ofTexas, Appellee.
v. The undersigned attorney was on vacation on April 22nd
and April 23rd. In addition, the Harris County District
Attorney's Office was closed on May 26th and May 27th as a
result of flooding.
vi. 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 July 8, 2015.
Respectfully submitted,
/s/ Heather A. Hudson
Heather A. Hudson
Assistant District Attorney
Harris County, Texas
State Bar Number: 24089551
CERTIFICATE OF SERVICE
Pursuant to TEX. R. App. P. 9.5, this certifies that on June 8, 2015, a
copy of the foregoing was sent to the following:
Douglas M. Durham
2800 Post Oak Blvd., Suite 4100
Houston, Texas 77002
Tel: (832) 390-2252
Fax: (932) 390-2350
durham.doug@yahoo.com
/s/ Heather A. Hudson
Heather A. Hudson
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar Number: 24089551
hudson heathcr(S>dao.hctx.net