Darius Dontae Lovings v. State ( 2015 )

ACCEPTED
03-14-00408-CR
5695388
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/16/2015 1:40:10 PM
JEFFREY D. KYLE
NO. 03-14-00088-CR CLERK
03-14-00408-CR
IN THE FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
COURT OF APPEALS 6/16/2015 1:40:10 PM
JEFFREY D. KYLE
Clerk
THIRD DISTRICT OF TEXAS
AUSTIN, TEXAS
DARIUS DONTAE LOVINGS § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 390TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-12-301231 and D1-DC-12-203247
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 Murder and Aggravated Robbery, the
appellant filed his notice of appeal in the above causes on February 10, 2014, and June
18, 2014. Appellant’s counsel filed a brief on March 18, 2015.
1
(c) The State’s brief is currently due on June 17, 2015.
(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 two other pending
appellate cases, (i.e. In the Matter of R.J., No. 03-14-00389-CV; and In the
Matter of N.G.-D., No. 03-14-00437-CV); and has completed and filed an
answer in another case pending in the 167th Judicial District Court of Travis
County on a writ of habeas corpus (Ex parte Gary Stier, No. 92-4772). The
undersigned attorney has also completed and filed a motion for rehearing in a
pending Petition for Discretionary Review, (i.e. State of Texas v. Adelfo
Ramirez Cruz, CCA No. PD-0082-14). The undersigned attorney is also
responsible for preparing the State’s brief in another pending appellate case
(i.e. Thaung Tin v. State of Texas, No. 03-14-00677-CR).
2. This request is not made for the purpose of delay, but to ensure that the
2
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 17, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
State Bar No. 00789128
P.O. Box 1748
Austin, Texas 78767
(512) 854-9400
Fax No. 854-4810
Kathryn.Scales@traviscountytx.gov
AppellateTCDA@traviscountytx.gov
3
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
325 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/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 16th day of June, 2015, 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, Paul Evans,
Attorney at Law, 811 Nueces Street, Austin, Texas 78701-2215,
[paulmatthewevans@hotmail.com] .
/s/ Kathryn A. Scales
Kathryn A. Scales
Assistant District Attorney
4