Lewis, Darren D. ( 2016 )

WR-83,458-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/27/2016 11:06:44 AM
Accepted 9/27/2016 11:08:57 AM
September 27, 2016 ABEL ACOSTA
No. WR-83,458-01 CLERK
In the
Court of Criminal Appeals
For the State of Texas
At Austin
♦
No.1431657-A
In the 184th District Court
Of Harris County, Texas
♦
EX PARTE DARREN D. LEWIS
♦
STATE’S MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE STATE’S BRIEF
♦
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for an
extension of time in which to file its appellate brief and in its motion, would show the
Court the following:
1. This Court ordered briefing in the instant case on June 29, 2016, and
provided the parties ninety (90) days to file their respective briefs
from the date of the order.
2. The applicant requested an extension of time to file his brief and the
Court granted his request. The applicant’s brief is now due on
October 12, 2016.
3. The State’s brief due without any granting of an extension is
September 27, 2016.
4. The State is requesting an extension to file its brief on October 12,
2016, which is the same due date as to the applicant’s brief.
5. The State is requesting the extension not for mere delay but out of
necessity. The Assistant District Attorney has been preparing for
two evidentiary hearings that were set on September 29th and 30th
respectively as well as preparing for oral argument before the Court
on October 5th. Further, the State is continuing in research of the
unique issues presented in this case.
6. The State has not previously requested any extensions. Furthermore,
the assistant district attorney does not foresee any reason why he
would need any additional extensions beyond this request.
WHEREFORE, the State prays that this Court will grant the requested extension.
Respectfully submitted,
ANDREW J. SMITH
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 274-5990
TBC No. 24048100
Smith_andrew@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been mailed to the
following address:
Mr. Bob Wicoff,
Assistant Public Defender
1201 Franklin, 13th Floor
Houston, TX 77002
Andrew J. Smith
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 274-5990
TBC No. 24048100
Date: September 27, 2016