Semere Berhe v. State

ACCEPTED
01-17-00540-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/25/2018 1:35 PM
CHRISTOPHER PRINE
CLERK
NOS. 01-17-00540-CR
01-17-00541-CR
IN THE FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
COURT OF APPEALS 5/25/2018 1:35:23 PM
CHRISTOPHER A. PRINE
Clerk
FIRST DISTRICT OF TEXAS
HOUSTON, TEXAS
SEMERE BERHE § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NOS. D-1-DC-15-302752 & D-1-DC-15-302753
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 convictions for Aggravated Kidnapping and Robbery, the
appellant filed his notices of appeal in the above causes on May 26, 2017.
Appellant’s counsel filed a brief in each cause on February 23, 2018.
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(b) The State’s brief is currently due on May 25, 2018.
(c) This request is that the deadline for filing the State’s brief be extended
by 14 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 this brief was filed, the attorney assigned to this
case has completed and filed a response in four other pending appellate
matters, (i.e. Tajay Stephens v. State of Texas, No. 03-17-00117-CR;
C.W. v. Texas Department of Family and Protective Services, No. 03-17-
00890-CV; James Russell Faglie v. State of Texas, No. 03-17-00281-CR;
and Ex parte Colton Pitonyak, No. D-1-DC-05-301918-D). The
undersigned attorney also participated in a capital murder trial The State
of Texas v. Shawn Gant-Benalcazar, in the 331st District Court of Travis
County, Nos. D-1-DC-15-300095 and D-1-DC-15-900080, including a
Daubert hearing and preparing findings of fact and conclusions of law.
The undersigned attorney has also been assigned to prepare a response in
another pending appellate case, (i.e. Gregory James Dalton v. State of
Texas, No. 03-17-00520-CR).
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2. 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 June 8, 2018.
Respectfully submitted,
MARGARET MOORE
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. 854-4206
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
326 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 25th day of May, 2018, 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, Gary E. Prust,
Attorney at Law, P.O. Box 6216, Austin, Texas 78762, gary@prustlaw.com.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
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