Torey Jabbar Newhouse v. State

• Court: Court of Appeals of Texas
• Decided: April 27, 2015
• Docket: 05-14-01628-CR
• Status: Published

Opinion

ACCEPTED 05-14-01628-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 4/27/2015 10:07:55 AM LISA MATZ CLERK

NO. 05-14-01628-CR

TOREY JABBAR NEWHOUSE § IN THE COURT OF APPEALS FILED IN 5th COURT OF APPEALS vs. § FOR THE FIFTH DISTRICT DALLAS, TEXAS THE STATE OF TEXAS § 4/27/2015 OF TEXAS AT10:07:55 DALLAS AM LISA MATZ Clerk

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

TO THE HONORABLE JUDGES OF SAID COURT:

THE STATE OF TEXAS, by and through the Criminal District Attorney of

Dallas County, respectfully requests that the time for filing the State’s brief be

extended by thirty (30) days. See TEX. R. APP. P. 38.6(d). In support of this motion,

the State would show the following:

Appellant entered an open plea of guilty to the offense of aggravated robbery

with a deadly weapon, enhanced by a prior felony conviction. The trial court accepted

the plea, deferred adjudication, and placed appellant on community supervision for a

period of ten years. Subsequent, pursuant to the State’s motion, the trial court

adjudicated appellant and sentenced him to twenty-five years’ imprisonment.

Judgment adjudicating guilt was entered on November 25, 2014. After requesting and

receiving an extension, Appellant’s brief was filed on March 27, 2015. The State’s

brief was due, under Rule 38.6(b) of the Texas Rules of Appellate Procedure, on April

26, 2015. This case has not yet been set for submission. Due to this attorney’s existing docket, the State requests an extension of time of

thirty (30) days, that is up to and including May 26, 2015, in which to file its brief. No

previous extensions have been requested by the State in this case.

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that

the time for filing its brief be extended until May 26, 2015.

Respectfully submitted,

Susan Hawk Laura Anne Coats Criminal District Attorney Assistant District Attorney Dallas County State Bar No. 00790476 Frank Crowley Courts Building 133 N. Riverfront Blvd.,LB19 Dallas, Texas 75207-4399 (214) 653-3625 (214) 653-3643 fax LAURA.COATS@dallascounty.org

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion was served on Dianne Jones McVay, Counsel for Appellant, 4303 N. Central Expressway, Dallas, TX 75205 by first class mail and by email at dianne@jonesmcvay.com on April 27, 2015.

Laura Anne Coats CERTIFICATE OF WORD COMPLAINCE

I hereby certify that the foregoing motion is 390 words in length according to Microsoft Word, which was used to prepare the brief. See Tex. R. App. P. 73.3; Tex. R. App. P. 73.1(f).

__________________________________ LAURA ANNE COATS