Carlos Bernard Smith v. State

Opinion

ACCEPTED 04-15-00122-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/4/2015 10:38:09 AM KEITH HOTTLE CLERK

NO. 04-15-00122-CR

CARLOS BERNARD SMITH § IN THE FOURTH DISTRICT FILED IN 4th COURT OF APPEALS § SAN ANTONIO, TEXAS § 11/04/15 10:38:09 AM VS. § COURT OF APPEALS KEITH E. HOTTLE § Clerk § STATE OF TEXAS § SAN ANTONIO, TEXAS

MOTION FOR LEAVE TO FILE LATE 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 grant leave for the State to file a late 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. The State

filed its brief late on November 4, 2015.

On October 26, 2015, the Court granted the State’s third motion for

extension of time to file the State’s brief, giving the State until October 29, 2015 to

file its brief. Unfortunately, counsel for the State made an improper assumption

that the Court granted a 30 day extension. As a result of this mistake, counsel

1 of 3 focused on a brief in Joshua Bradley v. State, 13-15-00153-CR , that was due in

the Thirteenth Court of Appeals on November 2, 2015, instead of finishing the

brief in the instant case. As an officer of the court, counsel for the State assures the

Court that this was not a conscious, purposeful disregard of the Court’s order.

Counsel apologizes sincerely for this mistake and asks the Court to please accept

the State’s late brief.

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays

that the Court grant leave for the State to file its late brief and that the Court

considers the State’s brief on review.

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 November 4, 2015.

_/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

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