THE STATE OF TEXAS, pursuant to T EX . R. A PP . P. 2 & 10.5, moves for an extension of time in which to file its appellate brief and in its motion, would show the Court the following: This Court ordered briefing in the instant case on June 29, 2016, and

provided the parties ninety (90) days to file their respective briefs from the date of the order. The applicant requested an extension of time to file his brief and the

Court granted his request. The applicant’s brief is now due on October 12, 2016.

3. The State’s brief due without any granting of an extension is

September 27, 2016. 4. The State is requesting an extension to file its brief on October 12,

2016, which is the same due date as to the applicant’s brief. The State is requesting the extension not for mere delay but out of

necessity. The Assistant District Attorney has been preparing for two evidentiary hearings that were set on September 29 th and 30 th respectively as well as preparing for oral argument before the Court on October 5 . Further, the State is continuing in research of the unique issues presented in this case. The State has not previously requested any extensions. Furthermore,

the assistant district attorney does not foresee any reason why he would need any additional extensions beyond this request.

WHEREFORE, the State prays that this Court will grant the requested extension.

Respectfully submitted, ANDREW J. SMITH Smith_andrew@dao.hctx.net *3 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been mailed to the following address:

Mr. Bob Wicoff,

Assistant Public Defender

1201 Franklin, 13 Floor

Houston, TX 77002

Andrew J. Smith

Date: September 27, 2016