Antoine Jerome Newsome v. State

Opinion

ACCEPTED

09-17-00122-CR

NINTH COURT OF APPEALS

BEAUMONT, TEXAS 12/13/2017 9:50 AM

CAROL ANNE HARLEY

CLERK

CAUSE NO. 09-17-00122-CR

ANTOINE JEROME NEWSOME § IN THE COURT OF APPEALS FILED IN FOR

9th COURT OF APPEALS

§ BEAUMONT, TEXAS V. § THE NINTH DISTRICT OF TEXAS, 12/13/2017 9:50:52 AM

§ CAROL ANNE HARLEY Clerk

THE STATE OF TEXAS § AT BEAUMONT, TEXAS

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STATE’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF

____________________________________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW the State of Texas, by the undersigned assistant district

attorney, and moves the Court for an extension of time to file its appellate brief in the

above-captioned case. The State would respectfully show the Court the following:

1. On March 29, 2017, the appellant entered a plea of guilty for evading

arrest with motor vehicle and the Court assessed his punishment at imprisonment for

65 years.

2. The appellant filed his notice of appeal on April 18, 2017.

3. The appellant filed his brief on October 11, 2017.

4. The State’s brief is due to be filed in this Court on December 13, 2017.

5. The State has previously requested one extension of time to file its brief.

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6. The State hereby requests a 30-day extension of time to file its brief, until

June 9, 2017.

7. Good cause exists for the requested extension of time, for the following

reasons:

In the past thirty days, the undersigned counsel for the State has been require to prepare and file the State’s motion to designate factual issues for resolution in Ex parte William Stephen Carpenter, Cause No. 14-03-03494-CR-(3); the State’s motion to designate factual issues for resolution in Ex parte Barron Washington, Cause No. 15-10-11054-CR-(2); the State’s answer to application for post-conviction writ of habeas corpus in Ex parte Kenneth Dale Hardy, Cause No. 13-05-05833-CR-(1); and the State’s brief in Trenard Jermaine Smith v. The State of Texas, Cause No. 09-17-00081-CR.

Our office was also closed on November 23rd and November 24th 2017 for the Thanksgiving holiday.

Consequently, counsel has not had sufficient time to prepare an adequate State’s brief in this case.

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THEREFORE, the State requests an extension of time to file its brief until

January 12, 2017, in this case.

Respectfully submitted,

BRETT W. LIGON District Attorney Montgomery County, Texas

/s/ Philip S. Harris PHILIP S. HARRIS Assistant District Attorney Montgomery County, Texas S.B.T. No. 24086583 207 W. Phillips, Second Floor Conroe, Texas 77301 (936) 539-7800 E-mail: Philip.Harris@mctx.org

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing motion was sent

by e-mail to Jay M. Wright, attorney for the appellant, at

jaywrightatty@hotmail.com, on the date of the filing of the original with the Clerk

of this Court.

/s/ Philip S. Harris PHILIP S. HARRIS Assistant District Attorney Montgomery County, Texas