Marquis Diamond v. State

Opinion

ACCEPTED 14-14-00244-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/12/2015 4:56:10 PM CHRISTOPHER PRINE CLERK

No. 14-14-00244-CR In the FILED IN Court of Appeals 14th COURT OF APPEALS HOUSTON, TEXAS For the 10/12/2015 4:56:10 PM Fourteenth District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1371877 In the 174th District Court Of Harris County, Texas ♦

MARQUIS DIAMOND Appellant V. THE STATE OF TEXAS Appellee

♦ STATE’S SECOND MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLATE BRIEF ♦

TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) &

38.6(d), moves for an extension of time within which to file its appellate

brief. In support of its motion, the State submits the following:

1. Appellant was charged with the offense of capital murder. The

jury found appellant guilty and he was sentenced to life

imprisonment. 2. Appellant’s brief was filed on August 7, 2015, making the State’s

brief due, after an extension, on October 8, 2015. The State’s seeks

an extension of 30 days, until November 9, 2015, to file its brief.

3. The undersigned attorney has filed four briefs in the last 45 days

and has three more briefs due in the next 30 days. The

undersigned attorney recently spoke at TDCAA’s Annual

Conference on Scotus and CCA Caselaw Update and wrote an

article for The Prosecutor.

4. The State’s motion is not for purposes of delay, but so that justice

may be done.

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

extension until November 9, 2015.

Respectfully submitted,

/s/Jessica Akins

JESSICA AKINS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 State Bar Number: 24029415 CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, this certifies that on October 12, 2015,

a copy of this motion was served upon appellant’s counsel:

Wayne T. Hill – wthlaw@aol.com

/s/Jessica Akins JESSICA AKINS, ADA – Harris County