Case Information

*1 AP-77,039 COURT OF CRIMINAL APPEALS FILED IN AUSTIN, TEXAS COURT OF CRIMINAL APPEALS Transmitted 6/8/2015 11:12:12 AM Accepted 6/8/2015 11:15:10 AM June 8, 2015 ABEL ACOSTA No. AP-77,039 CLERK ABELACOSTA, CLERK

In the Texas Court of Criminal Appeals At Austin < V No. 1414421

In the 351st Criminal District Court Of Harris County, Texas JEFFERY KEITH PREVOST

Appellant V.

THE STATE OF TEXAS

Appellee STATE'S SECOND 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 was originally due on March 9, 2015.

9. On March 6, 2015, this Court granted a 90-day extension of time in

which to file the State's appellate brief.

10. The State's appellate brief is due on June 8, 2015.

11. The State seeks an additional extension of 30 days to file its brief,

until July 8, 2015. 12. 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 filed an appellate brief on March

31, 2015 in Cause No. 01-14-00486-CR, Mark Castellano, Appellant v. The State ofTexas, Appellee.

iii. The undersigned attorney filed an appellate brief on May

12, 2015 in Cause No. 01-14-00593-CR, Tony Escobar, Appellant v. The State ofTexas, Appellee.

iv. The undersigned attorney is preparing for oral argument on

June 17, 2015 before the Fourteenth Court of Appeals in Cause No. 14-14-00139-CR, Isaac Smith, Appellant v. The State ofTexas, Appellee.

v. The undersigned attorney was on vacation on April 22nd

and April 23rd. In addition, the Harris County District Attorney's Office was closed on May 26th and May 27th as a result of flooding.

vi. The State's motion is not for purposes of delay, but so that

justice may be done. *3 WHEREFORE, the State prays that this Court will grant the requested extension until July 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 June 8, 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 heathcr(S>dao.hctx.net