Prevost, Jeffery Keith

Opinion

AP-77,039

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 3/6/2015 1:22:13 PM Accepted 3/6/2015 1:28:27 PM March 6, 2015 No. AP-77,039

ABEL ACOSTA

CLERK

In the

Texas Court of Criminal Appeals At Austin



No. 1414421

In the 351st Criminal District Court Of Harris County, Texas 

JEFFREY KEITH PREVOST

Appellant

V.

THE STATE OF TEXAS

Appellee



STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF 

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

THE STATE OF TEXAS 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 by indictment with the felony offense of capital murder.

2. The case was tried before a jury who found appellant guilty as charged.

3. The jury answered the special issues.

4. The trial court assessed punishment at death, in accordance with Texas Code of Criminal Procedure article 37.071, section 2(g).

5. Sentence was entered April 5, 2014.

6. Direct appeal to this Court is automatic.

7. Appellant’s brief was filed on February 6, 2015.

8. The State’s appellate brief is due on March 9, 2015.

9. The State seeks an extension of 90 days to file its brief, until June 8, 2015.

10. This is the State’s first request for an extension in this case.

11. The following facts are relied upon to show good cause for the requested extension:

i. The appellate record in the present case is voluminous, consisting of 39 volumes. Appellant brings 10 points of error on appeal.

ii. The undersigned attorney has filed appellate briefs in three other cases assigned to her, and is responsible for filing two additional appellate briefs.

iii. 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 June 8, 2015.

Respectfully submitted,

/s/ Heather A. Hudson

HEATHER A. HUDSON Assistant District Attorney Harris County, Texas State Bar Number: 24089551

CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, this certifies that on March 6, 2015, a

copy of the foregoing was sent to the following:

Douglas M. Durham 2800 Post Oak Blvd., Suite 4100 Houston, Texas 77002 Tel: (832) 390-2252 Fax: (932) 390-2350 durham.doug@yahoo.com

/s/ Heather A. Hudson

HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar Number: 24089551 hudson_heather@dao.hctx.net