Nowlin, Keiona Dashelle

• Court: Court of Appeals of Texas
• Decided: January 13, 2015
• Docket: PD-0840-14
• Status: Published

Opinion

PD-0840-14 FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS Transmitted 1/12/2015 11:06:09 AM January 13, 2015 Accepted 1/12/2015 12:40:14 PM ABEL ACOSTA ABEL ACOSTA, CLERK CLERK No. PD-0840-14

jUIa*^^ y/^/s" lN THE ^ F^ Court of Criminal Appeals ^c^1 sitting at Austin, Texas

KEIONA dashelle nowlin

Appellant

v.

THE STATE OF TEXAS

An Appeal of a Conviction in Cause No. 2011-2523-C1 From the 19th Judicial District Court of McLennan County, Texas Tenth Court of Appeals No. 10-12-00239-CR

First Motion for Extension of Time

To File the State's Brief

ABELINO "ABEL" REYNA GABRIEL PRICE Criminal District Attorney Appellate Division McLennan County, Texas State Bar No. 24068071 219 North 6th Street, Suite 200 Waco, Texas 76701 [Tel.] (254) 757-5084 [Fax] (254) 757-5021 [Email] gabe.price@co.mclennan.tx.us TO THE HONORABLE COURT OF CRIMINAL APPEALS

The State of Texas, moves for an extension of Thirty (30) Days in

which to file its Brief herein, pursuant to Tex. R. App. P. 10.5(b). The State's request is based upon the following reasonable explanation of the need for additional time, within the personal knowledge of Gabriel Price, the attorney signing this motion, namely:

The State of Texas moves this court to allow an extension of thirty (30) days to file its Brief. The State's Brief was due on January 7, 2015. The State's attorney has been occupied preparing other briefs including, State v.

Kussmaul, No. 10-14-00333-CR, due January 12, 2015, State v. Long, No. 10-

14-00330-CR, due January 12, 2015, State v. Pitts, No. 10-14-00332-CR, due

January 12, 2015, State v. Shelton, No. 10-14-00331-CR, due January 12, 2015, (the above four cases dealing with a post-conviction DNA State's appeal),

Kirven v. State, No. 10-13-00294-CR, filed January 12, 2015, Reid v. State, No.

10-14-107-CR, filed December 28, 2014. Additionally, one of the State's attorneys assigned to the appellate division has just returned from an extended leave under FMLA. The additional time sought is not sought frivolously or for delay, but will be of genuine assistance in preparing the

State's brief.

The State requests that the new deadline for filing of the State's Brief be February 6,2015. This is the State's first request for an extension for filing

of its brief in this cause. The additional time sought is not sought frivolously or for delay. For the foregoing reasons, the State prays that the Court grant this Motion and modify and extend the deadline for filing the State's brief to February 6,2015 or that this Court grant such additional time as is just and proper.

Respectfully Submitted: Abelino 'Abel' Reyna Criminal District Attorney McLennan County, Texas

Isl Gabriel Price Gabriel Price Appellate Division 219 North 6th Street, Suite 200 Waco, Texas 76701 [Tel] (254) 757-5084 [Fax] (254) 757-5021 [Email] gabe.price@co.mclennan.tx.us State Bar No. 24068071

Certificate of service

I certify that I caused to be served a true and correct copy of this motion by electronic service or email on counsel for Appellant.

Date: 1/12/15 Isl Gabriel Price Gabriel Price