Astroroid Dewayne Benton v. State

Opinion

ACCEPTED 14-15-00277-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/7/2015 12:00:00 AM CHRISTOPHER PRINE CLERK

CAUSE NO. 14-15-00277-CR

FILED IN ASTROROID BENTON § 14th COURT IN THE COURT OF APPEALS OF APPEALS HOUSTON, TEXAS [Appellant] 9/8/2015 9:06:00 AM § CHRISTOPHER A. PRINE VS. OF THE FOURTEENTHClerk § THE STATE OF TEXAS [Appellee] SUPREME JUDICIAL DISTRICT

FINAL MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW ASTROROID BENTON, Appellant, and files this motion for

an extension of 30 days in which to file his appellate brief. In support of this motion,

Appellant shows the court the following:

I

The Appellant was convicted and then sentenced on March 20, 2015 in the 248th

Criminal District in Harris County, Texas in Cause No. 1412553 of Murder. The

Appellant was sentenced by the jury and received 90 years in the Texas Department of

Criminal Justice Institutional Division.

A written notice of appeal was filed on the same day. The clerk’s record was filed

on May 13, 2015 and the reporter’s record was filed on April 24, 2015 and May 18, 2015.

This is Appellant’s third request for an extension of time, Appellant’s brief was due August 31, 2015.

II

An extension of time is necessary so that counsel can adequately brief the issues

presented. The appellate brief is being filed concurrently with this motion.

While counsel was preparing the brief she had identified two potential arguments

for her client. However, upon further research, the record does not support the

arguments she was hoping to make on behalf of her client and she had to start over.

This necessitated more time that counsel had originally allotted for this appeal.

WHEREFORE, Appellant prays the court grant this motion and extend the

deadline for filing the appellate brief to September 8, 2015.

RESPECTFULLY SUBMITTED,

/s/ Deborah Summers Deborah Summers State Bar No. 19505600 11210 Steeplecrest, Suite 120 Houston, Texas 77065 (281) 897-9600 Summerspc@sbcglobal.net

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing instrument has been furnished to the District Attorney's Office of Harris County, Texas,

by e-service to the District Attorney email, on the 8th day of September 2015.

/s/ Deborah Summers Deborah Summers CAUSE NO. 14-15-00277-CR

ASTROROID BENTON § IN THE COURT OF APPEALS [Appellant] § VS. OF THE FOURTEENTH § THE STATE OF TEXAS [Appellee] SUPREME JUDICIAL DISTRICT

ORDER

On this the day of , 2015 came to be heard Appellant's Motion for

Extension of Time to File Appellate Brief, and it appears to the court that this motion

should be:

GRANTED

DENIED

IT IS THEREFORE ORDERED that the time for filing the Appellate Brief in

the above cause is extended to , 2015.

JUDGE PRESIDING CAUSE NO. 14-15-00277-CR

ASTROROID BENTON § IN THE COURT OF APPEALS [Appellant] § VS. OF THE FOURTEENTH § THE STATE OF TEXAS [Appellee] SUPREME JUDICIAL DISTRICT

AFFIDAVIT

COMES NOW Deborah Summers, before the undersigned authority, and swears

to the following:

My name is Deborah Summers. I am the attorney of record in the above cause. The foregoing Appellant's Motion For Extension of Time to File Appellate Brief was prepared under my direction. Each and every factual allegation contained therein is true and correct.

/s/ Deborah Summers Deborah Summers