Dennis Steele v. State

• Court: Court of Appeals of Texas
• Decided: January 27, 2015
• Docket: 01-14-00619-CR
• Status: Published

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.

2 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

3 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

4 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