Semere Berhe v. State

• Court: Court of Appeals of Texas
• Decided: May 25, 2018
• Docket: 01-17-00541-CR
• Status: Published

Opinion

ACCEPTED 01-17-00541-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/25/2018 1:36 PM CHRISTOPHER PRINE CLERK NOS. 01-17-00540-CR 01-17-00541-CR

IN THE FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS COURT OF APPEALS 5/25/2018 1:36:26 PM CHRISTOPHER A. PRINE Clerk FIRST DISTRICT OF TEXAS

HOUSTON, TEXAS

SEMERE BERHE § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 299TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NOS. D-1-DC-15-302752 & D-1-DC-15-302753

STATE'S THIRD MOTION FOR EXTENSION OF TIME

TO THE HONORABLE COURT OF APPEALS:

The State of Texas respectfully moves for an extension of the deadline for

filing the State’s brief and, in accordance with Texas Rules of Appellate Procedure

38.6 and 10.5(b), advises the Court as follows:

(a) Following his convictions for Aggravated Kidnapping and Robbery, the

appellant filed his notices of appeal in the above causes on May 26, 2017.

Appellant’s counsel filed a brief in each cause on February 23, 2018.

1 (b) The State’s brief is currently due on May 25, 2018.

(c) This request is that the deadline for filing the State’s brief be extended

by 14 days.

(d) The number of previous extensions of time granted for submission of

the State’s brief is: two.

(e) The State relies upon the following facts to reasonably explain the

need for an extension of the deadline:

1. During the period since this brief was filed, the attorney assigned to this

case has completed and filed a response in four other pending appellate

matters, (i.e. Tajay Stephens v. State of Texas, No. 03-17-00117-CR;

C.W. v. Texas Department of Family and Protective Services, No. 03-17-

00890-CV; James Russell Faglie v. State of Texas, No. 03-17-00281-CR;

and Ex parte Colton Pitonyak, No. D-1-DC-05-301918-D). The

undersigned attorney also participated in a capital murder trial The State

of Texas v. Shawn Gant-Benalcazar, in the 331st District Court of Travis

County, Nos. D-1-DC-15-300095 and D-1-DC-15-900080, including a

Daubert hearing and preparing findings of fact and conclusions of law.

The undersigned attorney has also been assigned to prepare a response in

another pending appellate case, (i.e. Gregory James Dalton v. State of

Texas, No. 03-17-00520-CR).

2 2. This request is not made for the purpose of delay, but to ensure that the

Court has a proper State’s brief to aid in the just disposition of the above

cause.

WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to June 8, 2018.

Respectfully submitted,

MARGARET MOORE District Attorney Travis County, Texas

/s/ Lisa Stewart Lisa Stewart Assistant District Attorney State Bar No. 06022700 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4206 Lisa.Stewart@traviscountytx.gov AppellateTCDA@traviscountytx.gov

3 CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based

upon the computer program used to generate this motion, that this motion contains

326 words, excluding words contained in those parts of the motion that Rule 9.4(i)

exempts from inclusion in the word count. I certify, further, that this motion is

printed in a conventional, 14-point typeface.

/s/ Lisa Stewart Lisa Stewart Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 25th day of May, 2018, a true and correct copy of

this motion was served, by U.S. mail, electronic mail, facsimile, or electronically

through the electronic filing manager, to the Appellant’s attorney, Gary E. Prust,

Attorney at Law, P.O. Box 6216, Austin, Texas 78762, gary@prustlaw.com.