Darius Dontae Lovings v. State

• Court: Court of Appeals of Texas
• Decided: January 28, 2015
• Docket: 03-14-00088-CR
• Status: Published

Opinion

ACCEPTED 03-14-00088-CR 3937374 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/28/2015 3:58:22 PM JEFFREY D. KYLE CLERK CAUSE NUMBER 03—14—00088—CR CAUSE NUMBER 03—14—00408—CR FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS DARIUS LOVINGS X IN THE COURT OF APPEALS 1/28/2015 3:58:22 PM X JEFFREY D. KYLE Clerk V. X THIRD COURT OF APPEALS X STATE OF TEXAS X STATE OF TEXAS

APPELLANT’S THIRD MOTION TO EXTEND TIME FOR FILING OF APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW THE APPELLANT, by and through his appointed

attorney of record, Paul M. Evans, in the above entitled and numbered

causes, and moves this Court, to grant the Appellant’s Third Motion to

Extend Time for Filing Appellant’s Brief, and, in support thereof, would

show the Court as follows:

I.

Appellant’s Brief was due before this Court on January 2, 2015. A

previous Motion to Extend was filed in Cause 03—14—00088—CR on July

25, 2014, along with a Motion to Consolidate with Cause 03—14—00408

—CR. Both motions were granted on July 28, 2014. A second Motion was

filed on November 24, 2014, and granted the following day. II.

As recited in the previous Motion to Extend, in Cause 03—14—

00088—CR, Appellant seeks to appeal his conviction for Murder and

sentence of 75 years, which he received at the close of a contested jury trial.

In Cause 03—14—00408—CR, Appellant seeks to appeal his conviction

for Aggravated Robbery and sentence of 20 years, which he received as a

result of a plea bargain. The trial court made several rulings prior to trial

that were germane to both causes, hence the consolidation of the respective

appeals. The record is voluminous, with a 21-volume Reporter’s Record

from the former cause and a 6-volume Reporter’s Record in the latter cause.

The undersigned counsel is nearing the completion of the Appellant’s

Brief but requires more time to complete his research of the issues presented

on the record and the drafting of the arguments on appeal.

In addition to daily court appearances, the undersigned counsel has a

number of cases with pressing deadlines in trial courts, including but not

limited to:

*** State v. Morales, three counts of Sexual Assault of a Child, three counts of Indecency with a Child by Contact, and two counts of Indecency with a Child by Exposure, all enhanced by habitual felon allegations, set for a contested pretrial suppression hearing on February 2, 2015 in the 390 th District Court of Travis County, with six witnesses subpoenaed, and with trial certain to follow in late February or March 2015;

*** State v. White, six counts of Aggravated Robbery, set for a Pre-Jury Trial hearing on February 4, 2015 in the 390th District Court of Travis County; “home invasion” case, where the undersigned counsel has been provided with a wealth of discovery in the last two week, with orders from the trial court to finish said discovery prior to arraignment on February 4;

*** State v. Molitor, one count of Injury to a Child, set for jury docket call on February 4, 2015 in the 421st District Court of Caldwell County, with trial now scheduled for February 9, 2015; oldest case on Caldwell County felony jury docket wherein client is free on bond, and trial court has indicated in the past that it will not accept any plea bargain offer at this point in time;

*** State v. Batten, six counts of Sexual Assault of a Child, two counts of Indecency with a Child by Contact, and two counts of Indecency with a Child by Exposure, set for jury docket call (for the third time) on February 11, 2015 in the 427th District Court of Travis County, with trial now scheduled for February 17, 2015.

In order to balance his duties to other clients, the undersigned counsel

would respectfully ask that the deadline for filing Appellant’s Brief be

extended to February 16, 2015.

III.

This Motion is not made for purposes of delay, but so that justice

might be served. WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully

prays that this Court, upon good cause shown, grant the Appellant’s Third

Motion to Extend Time for Filing Appellant’s Brief.

Respectfully submitted, Law Office of Paul M. Evans 811 Nueces Street Austin, Texas 78701 (512) 569-1418 (512) 692-8002 FAX

_/s/ Paul M. Evans________ PAUL M. EVANS SBN 24038885 Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing was delivered by hand and by electronic e-file notice unto the office of the prosecuting attorney for the State of Texas on this the 24th day of January, 2015.

_/s/ Paul M. Evans________ PAUL M. EVANS CERTIFICATE OF COMPLIANCE

I hereby certify that the present document contains 781 words, all contents included.

_/s/ Paul M. Evans________ PAUL M. EVANS