Case Information

*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 10/12/2015 4:56:10 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00244-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/12/2015 4:56:10 PM CHRISTOPHER PRINE CLERK No. 14-14-00244-CR

In the

Court of Appeals

For the

Fourteenth District of Texas

At Houston ♦

No. 1371877

In the 174th District Court

Of Harris County, Texas

♦

MARQUIS DIAMOND

Appellant

THE STATE OF TEXAS

Appellee

♦

STATE’S SECOND MOTION FOR EXTENSION OF TIME

WITHIN WHICH TO FILE APPELLATE BRIEF

♦

TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to T 10.1, 10.5(b) &

38.6(d), moves for an extension of time within which to file its appellate

brief. In support of its motion, the State submits the following: Appellant was charged with the offense of capital murder. The

jury found appellant guilty and he was sentenced to life

imprisonment.

2. Appellant’s brief was filed on August 7, 2015, making the State’s

brief due, after an extension, on October 8, 2015. The State’s seeks

an extension of 30 days, until November 9, 2015, to file its brief.

3. The undersigned attorney has filed four briefs in the last 45 days

and has three more briefs due in the next 30 days. The

undersigned attorney recently spoke at TDCAA’s Annual

Conference on Scotus and CCA Caselaw Update and wrote an

article for The Prosecutor. 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 November 9, 2015.

Respectfully submitted,

Jessica Akins KINS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 State Bar Number: 24029415 *3 CERTIFICATE OF SERVICE

Pursuant to T A 9.5, this certifies that on October 12, 2015,

a copy of this motion was served upon appellant’s counsel:

Wayne T. Hill – wthlaw@aol.com

Jessica Akins KINS , ADA – Harris County