Darious Fabriese Lindsey v. State

Opinion

ACCEPTED 01-15-00649-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 12/7/2015 12:34:09 PM CHRISTOPHER PRINE CLERK

NO.01-15-00649-CR

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS . FOR THE FRIST 12/7/2015 12:34:09 PM JUDICIAL DISTRICT OF TEXAS CHRISTOPHER A. PRINE Clerk HOUSTON, TEXAS

DARIOUS LINDSEY, Appellant

VS.

THE STATE OF TEXAS, Appellee

On Appeal from the 351sf

Judicial District Court Harris County, Texas Trial Court Cause No. 1435106

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

JAMESMSIMS 440 LOUISIANA ST., SUITE 200 HOUSTON, TEXAS 77002 713-521-3000 713-224-2815 FAX ST ATE BAR NO.18425000 EMAIL:lawyersimsl@live.com

COUNSEL ON APPEAL TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, DARIOUS LINDSEY, appellant, by and through his

appointed counsel on appeal, and respectfully request this Honorable Court grant

an Extension of Time for Filing Appellant's Brief. The present date for filing the

Brief is Novemberll, 2015, and it is respectfully requested that said time be

extended until December 25, 2015. For cause, appellant would show the court as

follows:

I

On July 16,2014, appellant was convicted of POSS CS PG 1< 1G , in the

351 st District Court of Harris County, Texas entitled The State of Texas vs.

DARIOUS LINDSEY, in the Cause Number 1435106and was sentenced to

one year Texas Department of Criminal Justice, Institution Division. No

motion for New Trial was filed and written Notice of Appeal was given July

24,2015.

II

Counsel is unable to timely file the Brief within the time period from the first

extension of filing the Reporter's Record for the following reasons:

1. Counsel is preparing for the following Trials:

State of Texas v. Jasmine Barber, Cause Number 1462767(l'oss MARl) 40Z .• 5 LBS.)(setto begin December 4,2015) .

State of Texas v. Shannon Fontenot, Cause Number 1486531, 1486532 POSS WIM / D GP 3 /4 CS- 200-399G (F) MAN / DEL CS PG II 4-400 GRAMS (set to begin January 5,2016).

2 Counsel has the following in in court: State vs. Brandon Deleon, NO.1446207,

1472022; State vs. Angela Riaz, NO.2051326; State vs. Juan Castillo, NO.1475433;

State vs De'Andr Barrett, NO.2030539,2030S94.

II Counsel feels that if the additional time is granted, the Brief in this cause will be filed timely. III This is the first (lSI) extension requested.

IV

This motion is urged at the first opportunity as appellant is indigent and will suffer

irremediable if it is not granted.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this

Honorable Court grant this extension of time in which to file the Appellant's Brief until

December 16,2015.

Respectfully submitted,

~s~~~ Texas Bar No. 18425000 440 Louisiana Street, Suite 200 Houston, Texas 77002 (713) 521-3000 (713) 224-2815 FAX marie@georgeparnham.com

3 CERTIFICATE OF SERVICE

I hereby certify that on this 11 day of November, 2015, a true and correct

copy of the foregoing Motion was sent to the District Attorney's Office, Appellate

Division.