Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/17/2015 9:17:03 AM JEFFREY D. KYLE Clerk NO. 03-14-00088-CR 03-14-00408-CR THIRD COURT OF APPEALS 4/17/2015 9:17:03 AM JEFFREY D. KYLE 03-14-00408-CR AUSTIN, TEXAS *1 ACCEPTED [4927299] CLERK
IN THE
COURT OF APPEALS
THIRD DISTRICT OF TEXAS
AUSTIN, TEXAS
DARIUS DONTAE LOVINGS § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE APPEAL FROM THE 390 TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D1-DC-12-301231 and D1-DC-12-203247
STATE'S FIRST 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 Murder and Aggravated Robbery, the
appellant filed his notice of appeal in the above causes on February 10, 2014, and June
18, 2014. Appellant’s counsel filed a brief on March 18, 2015.
(c) The State’s brief is currently due on April 17, 2015 .
(c) This request is that the deadline for filing the State’s brief be extended by
30 days .
(d) The number of previous extensions of time granted for submission of the
State’s brief is: none .
(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 been working on other pressing appellate matters and has not had
sufficient time to prepare an adequate response to this brief.
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 May 18, 2015.
Respectfully submitted, ROSEMARY LEHMBERG District Attorney Travis County, Texas /s/ Kathryn A. Scales Kathryn A. Scales Assistant District Attorney State Bar No. 00789128 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Kathryn.Scales@traviscountytx.gov AppellateTCDA@traviscountytx.gov *4 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
233 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/ Kathryn A. Scales Kathryn A. Scales Assistant District Attorney CERTIFICATE OF SERVICE
I hereby certify that, on the 17 th day of April, 2015, 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, Paul Evans,
Attorney at Law, 811 Nueces Street, Austin, Texas 78701-2215.
/s/ Kathryn A. Scales Kathryn A. Scales Assistant District Attorney