Judist Lamond Broussard v. State

Opinion

ACCEPTED

01-15-00074-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 8/14/2015 11:55:15 AM CHRISTOPHER PRINE

CLERK

No. 01-15-00074-CR

In the FILED IN 1st COURT OF APPEALS

Court of Appeals HOUSTON, TEXAS For the 8/14/2015 11:55:15 AM First District of Texas CHRISTOPHER A. PRINE Clerk

At Houston

♦

No. 1256403

In the 337th District Court Of Harris County, Texas

♦

JUDIST LAMOND BROUSSARD

Appellant

v.

THE STATE OF TEXAS

Appellee

♦

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

To the Honorable Court of Appeals:

The State of Texas, pursuant to TEX. R. APP. P. 2 & 10.5, moves for an

extension of time in which to file its appellate brief. The following facts are

relevant:

1. The appellant was indicted for capital murder. (CR 15). The appellant

pleaded not guilty, but a jury found him guilty as charged. (CR 115,

117). Because the State did not seek the death penalty, the trial court

sentenced the appellant to confinement for life, without the

possibility of parole. (CR 117). The trial court certified the appellant’s

right of appeal, and the appellant filed a timely notice of appeal. (CR

116, 120).

2. The State’s brief is due on August 14, 2015. The State requests a 45-

day extension of time in which to file its brief.

3. This is the State’s first request for extension.

4. The following facts are relied upon to show good cause for an

extension of time to allow the State to file its brief:

a. The undersigned attorney was assigned this case on August 3, 2015. Since then, he has worked on the following matters:

1. Marcus Jamez Lewis 14-14-00779-CR Brief filed August 5, 2015

2. Hugo Steve Ramirez No. 14-15-00323-CR Case abated on July 21, 2015, with ongoing proceedings

b. The undersigned attorney has been ill and was unable to work on August 12 and 13.

c. The undersigned attorney has an upcoming pre-paid vacation that will leave him unable to work on this case during the first half of September.

WHEREFORE, the State prays that this Court will grant the requested extension.

Respectfully submitted,

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454

CERTIFICATE OF SERVICE

I certify that I have requested that efile.txcourts.gov electronically serve

a copy of this motion to:

Franklin Bynum fgb@lawfgb.com

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454

Date: August 14, 2015