Jose Lozano v. State

Opinion

ACCEPTED

05-14-00593-CR

FIFTH COURT OF APPEALS

DALLAS, TEXAS

7/22/2015 10:54:43 AM

LISA MATZ

CLERK

NO. 05-14-00593-CR

IN THE COURT OF APPEALS FILED IN 5th COURT OF APPEALS

FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS AT DALLAS, TEXAS 7/22/2015 10:54:43 AM _____________________________ LISA MATZ Clerk

JOSE LOZANO, APPELLANT

vs.

THE STATE OF TEXAS,

APPELLEE

_____________________________

STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE ITS BRIEF

_____________________________

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, THE STATE OF TEXAS, respectfully requesting this

Honorable Court to extend the due date for the State’s brief by thirty (30) days,

from July 23, 2015, to August 22, 2015. This case is not currently set for

submission.

Appellant pled not guilty to an indictment for capital murder. (CR: 12; RR 2:

8-9; RR 4: 12). A Dallas County jury found Appellant guilty of the lesser-included

offense of murder and sentenced him to eighty (80) years’ confinement in the

Texas Department of Criminal Justice. (CR: 64, 82, 89; RR 7: 8, 23). Appellant’s

motion for new trial was overruled by operation of law. (CR: 73).

Appellant’s brief was filed in this Honorable Court on June 23, 2015. The

State’s brief is currently due July 23, 2015. Counsel is requesting an extension of

time for the State to file its brief. In addition to other responsibilities, including

work on expunctions and out-of-state subpoenas, Counsel is diligently working on

the State’s response to Appellant’s brief and to response briefs in other appeals.

This is the State’s first request for an extension of time for filing its brief.

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests

that this Court extend the State’s deadline for filing the State’s brief by thirty days,

until August 22, 2015.

Respectfully submitted,

_________________________

KIMBERLY J. DUNCAN Assistant District Attorney State Bar No. 24051190 Frank Crowley Courts Bldg. 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207-4399 (214) 653-3629 Kimberly.Duncan@dallascounty.org

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion has been served on the Honorable Christian Souza, Attorney for Appellant, via electronic service on July 22, 2015.

__________________________

KIMBERLY J. DUNCAN Assistant District Attorney