Drexell Davon Washington v. State

ACCEPTED
03-15-00531-CR
11200176
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/17/2016 10:54:23 AM
JEFFREY D. KYLE
NO. 03-15-00531-CR CLERK
IN THE
FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
6/17/2016 10:54:23 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
DREXELL DAVON
§ APPELLANT
WASHINGTON
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 427TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-13-300855
STATE'S THIRD 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 conviction for Murder, the appellant filed his notice of
appeal in the above cause on August 20, 2015. Appellant filed a brief on March
17, 2016.
(b) The State’s brief is currently due on June 17, 2016.
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(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: two.
(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., Christopher Taylor v. State of
Texas, No. 07-15-00398-CR). The undersigned attorney has also
completed and filed a reply in a mandamus proceeding in that death
penalty case (i.e. In re Brandon Daniel, Court of Criminal Appeals
No. WR-83,459-02). The undersigned attorney is also preparing the
State’s Original Answer in response to two pending writs of habeas
corpus, including a death penalty case, (i.e. Ex parte Brandon Daniel,
Court of Criminal Appeals No. WR-83,459-01; and Ex Parte Ian
Battle, Travis County Cause No. D1DC10302229-A).
2. On March 24, 2016, the undersigned attorney underwent surgery for a
broken wrist and still has not yet been cleared by the doctor to return
to work at full capacity.
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3. 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.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State’s brief be extended to July 18, 2016.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
State Bar No. 06022700
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Lisa.Stewart@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
328 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/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 17th day of June, 2016, 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, Ken Mahaffey,
Attorney at Law, P.O. Box 684585, Austin, Texas 78768,
Ken_Mahaffey@yahoo.com.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
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