Albert Lynch v. State

Opinion

ACCEPTED 01-15-00421-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 11/20/2015 1:09:16 PM CHRISTOPHER PRINE CLERK

No.01-15-00421-CR

In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS For the 11/20/2015 1:09:16 PM First Judicial District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1314602 In the 339th District Court of Harris County, Texas

ALBERT LYNCH Appellant v. THE STATE OF TEXAS Appellee

STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.1(a)

and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for

extension of time in which to file the State’s brief in this case, and, in support thereof,

presents the following: 1. In the 339th District Court of Harris County, Texas, in The State of Texas v.

Eric Samuel Tucker, Cause Number 1314602, appellant was charged with and

found guilty of capital murder.

2. Appellant was sentenced to incarceration for life.

3. The State’s brief was due on November 20, 2015.

5. An extension of time in which to file the State’s brief is requested until

December 21, 2015.

6. No previous extension has been requested by the State.

7. The facts relied upon to explain the need for this extension are:

a) The undersigned attorney was assigned this case on November 2, 2015.

b) Since assigned this case, the undersigned attorney has completed the State’s

brief in the following cases:

i) Cause number 14-14-01008-CR, Mary Koul v. The State of Texas;

ii) and Cause numbers 01-15-00324-CR and 01-15-00325-CR, Astin Chavers

Clark v. The State of Texas.

c) The undersigned attorney is currently engaged in the preparation of the

State’s brief in the following appellate cause numbers:

(1) Cause Number 01-14-00885-CR, Abner Washington v. The State of Texas;

(2) Cause Number 14-15-00595-CR, Ricardo Martinez v. The State of Texas;

(3) Cause Number 14-15-00167-CR, Carl Dion Lovings v. The State of Texas; (4) and Cause Number 01-15-00274-CR, Eric Samuel Tucker v. The State of

Texas.

WHEREFORE, the State prays that this Court will grant an extension of time until

December 21, 2015 in which to file the State’s brief in this case.

Respectfully submitted,

/s/ Carly Dessauer ________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CARLY DESSAUER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 274-5826 State Bar No. 24069083 dessauer_carly@dao.hctx.net CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served to

appellant’s attorney on November 20, 2015 through TexFile:

Wendell A. Odom, Jr. Attorney 440 Louisiana Street, Suite 200 Houston, Texas 77002 wendellodom@aol.com

/s/ Carly Dessauer ________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CARLY DESSAUER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 274-5826 State Bar No. 24069083 dessauer_carly@dao.hctx.net curry_alan@dao.hctx.net Date: November 20, 2015