Huff, Donald

• Court: Court of Appeals of Texas
• Decided: June 25, 2015
• Docket: PD-0763-15
• Status: Published

Opinion

PD-0763-15 PD-0763-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/23/2015 11:52:18 PM Accepted 6/25/2015 11:35:53 AM ABEL ACOSTA No. PD-____-15 CLERK

DONALD HUFF, § IN THE TEXAS COURT Appellant-Respondent § § v. § OF CRIMINAL APPEALS § STATE of TEXAS, § Appellee-Petitioner § AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE’S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

NOW COMES the State of Texas, by and through Nicholas “Nico” LaHood,

Criminal District Attorney of Bexar County, Texas, and the undersigned assistant

criminal district attorney, with the filing of this motion asking the Court extend the

time for filing the State’s petition for discretionary review.

I. Statement of the Case

Appellant was convicted by a jury for the offense of murder in Bexar County

cause number 2011-CR-2990. The Fourth Court of Appeals reversed Appellant’s

conviction on April 8, 2015 in cause number 04-13-00891-CR. The court of

appeals denied the State’s motion for rehearing on May 11, 2015. The State’s

petition for discretionary review was due June 10, 2015. This is the State’s first

request for an extension.

June 26, 2015 II. Reasons for Extension

This extension is not sought for the purposes of delaying this appeal; but for

the following reasons:

1. Counsel for the State recently transferred from the appellate division of the Bexar County Criminal District Attorney’s Office to the special crimes division, which requires undersigned counsel to appear regularly in the trial courts of Bexar County. This is one of a few appellate cases the undersigned counsel has retained. Because the transition has consumed most of the undersigned counsel’s working hours, he requires additional time to complete a petition for discretionary review.

2. Counsel for the State was out of state on vacation with his family from June 13 through 21, 2015. This vacation was prior to the Fourth Court’s reversal of Appellant’s conviction and prior to the undersigned counsel’s job transfer.

3. This motion is timely if filed “no later than 15 days after the last day for filing the petition.” TEX. R. APP. P. 68.2(c).

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays the

Court grant an extension of time for an additional thirty days for filing the State’s

petition for discretionary review.

Respectfully submitted,

NICHOLAS “NICO” LAHOOD Criminal District Attorney Bexar County, Texas _______/s/ Nathan E. Morey_______ NATHAN E. MOREY Assistant Criminal District Attorney State Bar No. 24074756 101 West Nueva Street, Suite 370 San Antonio, Texas 78205

2 Voice: (210) 335-2414 Fax: (210) 335-2436 Email: nathan.morey@bexar.org Attorneys for the State of Texas

3 CERTIFICATE OF SERVICE

I, Nathan E. Morey, Assistant Criminal District Attorney, Bexar County,

Texas, hereby certify a true copy of the above and foregoing Motion for Extension

was emailed to Dayna L. Jones on Wednesday, June 24, 2015.

_______/s/ Nathan E. Morey_______ NATHAN E. MOREY Assistant Criminal District Attorney State Bar No. 24074756 101 West Nueva Street, Suite 370 San Antonio, Texas 78205 Voice: (210) 335-2414 Fax: (210) 335-2436 Email: nathan.morey@bexar.org Attorney for the State of Texas

cc: DAYNA L. JONES Attorney at Law State Bar No. 24049450 206 E. Locust Street San Antonio, Texas 78212 Voice: (210) 255-8525 Fax: (210) 249-0116 Email: daynaj33@gmail.com Attorney for Appellant