LaSheba Shedona Covington v. State ( 2017 )

ACCEPTED
03-17-00324-CR
21281424
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/13/2017 10:54 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-17-00324-CR
LABESHA SHEDONNA § IN THE COURT OFFILED
APPEALS
IN
3rd COURT OF APPEALS
COVINGTON § AUSTIN, TEXAS
Appellant, § 12/13/2017 10:54:45 PM
§ JEFFREY D. KYLE
V. § FOR THE Clerk
THIRD DISTRICT
§
THE STATE OF TEXAS §
Appellee. §
§ AT AUSTIN, TEXAS
APPELLANT’S MOTION TO EXTEND
TIME TO FILE APPELLANT’S BRIEF
TO THE THIRD COURT OF APPEALS OF THE STATE OF TEXAS:
NOW COMES Appellant LASHEBA SHEDONNA COVINGTON, by and
through her attorney of record, Aaron C. Seymour, in the above entitled and
numbered cause, and files this Appellant’s Motion to Extend Time to File
Appellant’s Brief, and would show unto the Court the following:
I.
On the 3rd day of May 2017, in the 35th Judicial District Court of Mills County,
Texas in Cause No. 3171, entitled The State of Texas v. LASHEBA SHEDONNA
COVINGTON, the Appellant was convicted of the offense of Unlawful Possession
of Firearm by Felon - Repeat and Habitual Offender, a 3rd Degree Felony, and
sentenced to twenty-five (25) years in the Institutional Division of the Texas
Department of Criminal Justice- TDCJ.
APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF PAGE 1 OF 4
II.
That on the 3rd day of May 2017, and within the time required by the Texas
Rules of Appellate Procedure Appellant filed her written Notice of Appeal to the
Court of Appeals for the 3rd District at Austin, Texas. The Record on Appeal was
filed on the 16th day of May 2017. Accordingly, Appellant’s Brief in this case was
due to be filed on the 27th day of September 2017.
III.
On November 29, 2017, Counsel filed a motion requesting an additional
fourteen (14) days to file Appellant’s Brief. Appellant’s motion was granted and the
deadline for submission was extended to December 13, 2017.
V.
Appellant now requests an additional extension. The facts relied upon to
reasonably explain the need for an extension of time are as follows:
1. The record in this matter contains several DVDs admitted into evidence
that counsel for the appellant could not review. During the past two weeks, both the
court reporter and the district attorney’s office have offered their assistance in
resolving this issue. And, with the use of additional software, counsel has been able
to review State’s Exhibit 1 containing DPS in-car recordings.
2. Despite working diligently with assistance from the court reporter and the
district attorney’s office, counsel is still unable to gain access to DVDs marked as
APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF PAGE 2 OF 4
State’s Exhibits 2, 3, and 11, which are audio/visual recordings of the DPS vehicle
search, DPS interviews, and the in-car video from a Mills County Sheriff’s
Department vehicle, respectively.
3. Again, these DVDs were admitted into evidence at the Appellant’s trial. It
is also clear from the written record that the audio/video evidence on the DVDs
played a significant role in the Court’s denial of the motion to suppress and in
reaching it’s verdict. Review of the aforementioned exhibits is necessary to finish
Appellant’s Brief and to properly represent the Appellant on appeal.
WHEREFORE, PREMISES CONSIDERED, Appellant requests this
Appellant’s Motion to Extend Time to File Appellant’s Brief be GRANTED, that
the Court extend the time for the filing deadline until December 29, 2017, and for
such other and further relief to which Appellant may be entitled or shall ever pray.
Respectfully submitted,
THE LAW OFFICE OF
AARON C. SEYMOUR, PLLC
311 N. Center Ave., Ste. 107
Brownwood, Texas 76801
Tel: (325) 805-4848
Fax: (325) 805-4854
By:
Aaron C. Seymour
State Bar No. 24094943
aaron@seymour-lawoffice.com
Attorney for the Appellant
APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF PAGE 3 OF 4
CERTIFICATE OF SERVICE
This is to certify that on December 13, 2017 a true and correct copy of the
foregoing document was sent to the 35th District Attorney’s Office in Brownwood,
Texas by electronic filing manager.
Aaron C. Seymour
Attorney for the Appellant
APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF PAGE 4 OF 4