Carlos Bernard Smith v. State

• Court: Court of Appeals of Texas
• Decided: August 19, 2015
• Docket: 04-15-00122-CR
• Status: Published

Opinion

ACCEPTED 04-15-00122-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/19/2015 3:27:25 PM KEITH HOTTLE CLERK

NO. 04-15-00122-CR

CARLOS BERNARD SMITH § IN THE FOURTH DISTRICT FILED IN 4th COURT OF APPEALS § SAN ANTONIO, TEXAS § 08/19/15 3:27:25 PM VS. § COURT OF APPEALS KEITH E. HOTTLE § Clerk § STATE OF TEXAS § SAN ANTONIO, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF

TO THE HONORABLE JUDGES OF THE FOURT COURT OF APPEALS: NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of

Bexar County and Counsel for the State of Texas, and files this Motion asking that

the Court extend the time for filing the State’s brief.

Appellant was found guilty by a jury of murder and sentenced to 40 years

on February 13, 2015. The notice of appeal was timely filed on February 24,

2015. The reporter’s record was filed on March 16, 2015 and the clerk’s record

was filed on June 15, 2015. Appellant filed his brief on July 14, 2015. This is the

State’s first motion for extension and the State requests a 30 day extension to

September 14, 2015.

This extension is not sought for the purpose of delaying this appeal. State

requests an extension for the following reasons:

1) Counsel would like more time to research and write the State’s brief. 2) Counsel was in trial in the 175th District Court on State v. Delridge Clark from July 28 to July 31, 2015.

1 of 3 3) Counsel was out of the office July 20-21, 2015. 4) Counsel prepared an in-house CLE training which was presented July 17, 2015. 5) Counsel recently filed the following brief in the Fourth Court of Appeals: a. Taylor Rosenbusch v. State, 04-14-00050-CR b. Gary Lynn Baker v. State, 04-14-00676-CR c. In re A.A.M and R.M.M., children, 04-15-00324-CV

Therefore, counsel respectfully asks the Court to grant this extension time

to file the State’s brief in this case.

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays

that the Court grant an extension of time to September 14, 2015 for filing the

State’s brief.

Respectfully submitted,

Nicholas “Nico” LaHood Criminal District Attorney Bexar County, Texas

/s/ Lauren A. Scott _____________________ Lauren A. Scott State Bar No. 24066843 Assistant Criminal District Attorney 101 W. Nueva Street San Antonio, Texas 78205-3030 Phone: (210) 335-2885 Email: lscott@bexar.org

2 of 3 CERTIFICATE OF SERVICE

I, Lauren A. Scott, Assistant District Attorney, Bexar County, Texas, certify

that a copy of the foregoing motion was delivered by e-file e-service to James

Oltersdorf, attorney for appellant, on August 19, 2015.

_/s/ Lauren A. Scott

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