Darius Dontae Lovings v. State

Opinion

ACCEPTED 03-14-00408-CR 5695388 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/16/2015 1:40:10 PM JEFFREY D. KYLE NO. 03-14-00088-CR CLERK 03-14-00408-CR

IN THE FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS COURT OF APPEALS 6/16/2015 1:40:10 PM JEFFREY D. KYLE Clerk THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

DARIUS DONTAE LOVINGS § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 390TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-12-301231 and D1-DC-12-203247

STATE'S THIRD MOTION FOR EXTENSION OF TIME

TO THE HONORABLE COURT OF APPEALS:

The State of Texas respectfully moves for an extension of the deadline for filing

the State’s brief and, in accordance with Texas Rules of Appellate Procedure 38.6 and

10.5(b), advises the Court as follows:

(a) Following his convictions for Murder and Aggravated Robbery, the

appellant filed his notice of appeal in the above causes on February 10, 2014, and June

18, 2014. Appellant’s counsel filed a brief on March 18, 2015.

1 (c) The State’s brief is currently due on June 17, 2015.

(c) This request is that the deadline for filing the State’s brief be extended by

30 days.

(d) The number of previous extensions of time granted for submission of the

State’s brief is: two.

(e) The State relies upon the following facts to reasonably explain the need

for an extension of the deadline:

1. During the period since the appellant’s brief was filed, the undersigned

attorney has completed and filed an original brief in two other pending

appellate cases, (i.e. In the Matter of R.J., No. 03-14-00389-CV; and In the

Matter of N.G.-D., No. 03-14-00437-CV); and has completed and filed an

answer in another case pending in the 167th Judicial District Court of Travis

County on a writ of habeas corpus (Ex parte Gary Stier, No. 92-4772). The

undersigned attorney has also completed and filed a motion for rehearing in a

pending Petition for Discretionary Review, (i.e. State of Texas v. Adelfo

Ramirez Cruz, CCA No. PD-0082-14). The undersigned attorney is also

responsible for preparing the State’s brief in another pending appellate case

(i.e. Thaung Tin v. State of Texas, No. 03-14-00677-CR).

2. This request is not made for the purpose of delay, but to ensure that the

2 Court has a proper State’s brief to aid in the just disposition of the above

cause.

WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to July 17, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

/s/ Kathryn A. Scales Kathryn A. Scales Assistant District Attorney State Bar No. 00789128 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Kathryn.Scales@traviscountytx.gov AppellateTCDA@traviscountytx.gov

3 CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based

upon the computer program used to generate this motion, that this motion contains

325 words, excluding words contained in those parts of the motion that Rule 9.4(i)

exempts from inclusion in the word count. I certify, further, that this motion is

printed in a conventional, 14-point typeface.

/s/ Kathryn A. Scales Kathryn A. Scales Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 16th day of June, 2015, a true and correct copy of

this motion was served, by U.S. mail, electronic mail, facsimile, or electronically

through the electronic filing manager, to the Appellant’s attorney, Paul Evans,

Attorney at Law, 811 Nueces Street, Austin, Texas 78701-2215,

[paulmatthewevans@hotmail.com] .

/s/ Kathryn A. Scales Kathryn A. Scales Assistant District Attorney