AP-77,039
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/6/2015 1:22:13 PM
Accepted 3/6/2015 1:28:27 PM
March 6, 2015
No. AP-77,039
ABEL ACOSTA
CLERK
In the
Texas Court of Criminal Appeals
At Austin
No. 1414421
In the 351st Criminal District Court
Of Harris County, Texas
JEFFREY KEITH PREVOST
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE’S 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 is due on March 9, 2015.
9. The State seeks an extension of 90 days to file its brief, until June 8,
2015.
10. This is the State’s first request for an extension in this case.
11. 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 has filed appellate briefs in three
other cases assigned to her, and is responsible for filing two
additional appellate briefs.
iii. 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 June 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 March 6, 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_heather@dao.hctx.net