Dennis Steele v. State

Opinion

ACCEPTED

01-14-00618-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

1/27/2015 8:39:58 AM

CHRISTOPHER PRINE

CLERK

NOS. 01-14-00618-CR

01-14-00619-CR

FILED IN

1st COURT OF APPEALS

HOUSTON, TEXAS

1/27/2015 8:39:58 AM

IN THE COURT OFAPPEALS CHRISTOPHER A. PRINE Clerk

FOR THE FIRST

JUDICIAL DISTRICT OF TEXAS HOUSTON, TEXAS

DENNIS STEELE, Appellant

vs.

THE STATE OF TEXAS, Appellee

On Appeal from the 56tr' Judicial District Court Galveston County, Texas

Trial Court Cause Nos. 13CR3049 & 13CR3050

APPELLANT'S THIRD MOTION FOR EXTENSION OFTIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW DENNIS STEELE, Appellant, and files this, his third Motion to Extend Time to File Appellant's Brief. Appellant's brief is due on January 28, 2015. Appellant's counsel requests an additional thimy (30) day extension to February 27,2015, for good cause and wouid show the Court as

follows

I

Counsel approaches the Court in this matter with greal respect and out of necessity. Counsel for Appellant has worked diligently to finish the brief in this tnatter despite preparing for trial in other causes and battling illnesses of his own as well as that of his family rnembers. Specifically, Counsel is set for jury trial, along with lead attomey Neal Davis III, before the I lonorable Judge Melinda Ilarmon of the United States District Courl for the Southem District of Texas beginning Tuesday, January 27,2015.In these cases, that defendant has been indicted for conspiracy to possess with intent to deliver cocaine and marijuana. 'l'hese cases are not only set for trial but have been called to trial on this date, and both the undersigned and lead counsel are ready for trial. Further describing the undersigned's involvement in these federal cases, counsel also represents that defendant in state cout1, where she is under indictment for the felony oflense ofpossession of rnarijuana. All of these cases arise out ofthe same series ofincidents. These cases involve an overwhelming amount ofevidence and nurnerous superseding indictmcnts For these reasons, Counsel is not yet finished with the briefin this rnatter and very respectfully requests an additional extension 1o file his brief Finally, this tnolion is nade in the interest ofjustice and no1 for the purposes ofdelay.

3

WHEREFORE, PREMISES CONSIDERED, Appellant prays that the court grant this motion and extend the tirne for filing his brief for an additional thirty (30) days to Fcbruary 27.2015.

Respectfully submitted,

D IELLAZARINE

Texas Bar No. 24073197

440 Louisiana Street, Suite 200 Houston, Texas 71002

(7t3) 224-4000

(7t3) 224-2815 FAX

CERTIFICATE OF SERVICE

I hereby certiry that a true and conect copy of the foregoing Motion was delivered to the Coufi ofAppeals, rvith a copy being faxed to the Assistant District Attorney in this cause on this, the Z Z day of January, 201 5

DANIELLAZARINE

4

STATE OFTEXAS s $

COUNTY OFHARRIS s

On this day personally appeared DANIEL LAZARINE, who stated under oath as follows:

"My name is DANIEL LAZARINE. I am the attorney of record for the Appellant in this cause. I have read the foregoing Motion for an Extension of Time to File Appellant's Brief, and swear that the matters contained in such motion are true and correct."

IELLAZ E

n,.l'L

SWORN TO AND SUBSCRIBED before rne on this the/'s- day of January, 2015, to which witness my hand and seal of

RichudR. Brancr

rffit CrFfiitlion Erplne 06- 18-20I 7

N TARY PUBLIC INAND FOR

THE STATE OFTEXAS

5

IN THE COURT OFAPPEALS

lst SUPREME JUDICIAL DISTRICT OF TEXAS I{OUSTON, TEXAS

DENNIS STEELE s Appellant s $ NOS. 01-14-00618-CR

$ 01-14-00619-CR

vs. $ $ TRIAL COURT NUMBERS

THE STATE OFTEXAS, $ 13CR3049 & 13CR30s0 Appellee s

ORDER

On this day calne on to be heard Appellant's Motion for Extension of Time within which to File Appellant's Brief,

It is the opinion of this Court that the Motion to Extend Time to File Appellant's Brief should be and is hereby GRANTED, and it is therefore ORDERED, ADJUDGED and DECREED that the Appellant's Brief is due to be

filed in this Court on day of ,2015 SIGNED on this the day of_,2015.

JUDGE PRESIDING