Drexell Davon Washington v. State

• Court: Court of Appeals of Texas
• Decided: June 17, 2016
• Docket: 03-15-00531-CR
• Status: Published

Opinion

ACCEPTED 03-15-00531-CR 11200176 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/17/2016 10:54:23 AM JEFFREY D. KYLE NO. 03-15-00531-CR CLERK

IN THE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 6/17/2016 10:54:23 AM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

DREXELL DAVON § APPELLANT WASHINGTON VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 427TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-13-300855

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 conviction for Murder, the appellant filed his notice of

appeal in the above cause on August 20, 2015. Appellant filed a brief on March

17, 2016.

(b) The State’s brief is currently due on June 17, 2016. 1 (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

another pending appellate case (i.e., Christopher Taylor v. State of

Texas, No. 07-15-00398-CR). The undersigned attorney has also

completed and filed a reply in a mandamus proceeding in that death

penalty case (i.e. In re Brandon Daniel, Court of Criminal Appeals

No. WR-83,459-02). The undersigned attorney is also preparing the

State’s Original Answer in response to two pending writs of habeas

corpus, including a death penalty case, (i.e. Ex parte Brandon Daniel,

Court of Criminal Appeals No. WR-83,459-01; and Ex Parte Ian

Battle, Travis County Cause No. D1DC10302229-A).

2. On March 24, 2016, the undersigned attorney underwent surgery for a

broken wrist and still has not yet been cleared by the doctor to return

to work at full capacity.

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

the 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 18, 2016.

Respectfully submitted,

ROSEMARY LEHMBERG District Attorney Travis County, Texas

/s/ Lisa Stewart Lisa Stewart Assistant District Attorney State Bar No. 06022700 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Lisa.Stewart@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

328 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/ Lisa Stewart Lisa Stewart Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 17th day of June, 2016, 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, Ken Mahaffey,

Attorney at Law, P.O. Box 684585, Austin, Texas 78768,

Ken_Mahaffey@yahoo.com.