ACCEPTED
03-14-00408-CR
3937422
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/28/2015 3:59:33 PM
JEFFREY D. KYLE
CLERK
CAUSE NUMBER 03—14—00088—CR
CAUSE NUMBER 03—14—00408—CR
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
DARIUS LOVINGS X IN THE COURT OF APPEALS
1/28/2015 3:59:33 PM
X JEFFREY D. KYLE
Clerk
V. X THIRD COURT OF APPEALS
X
STATE OF TEXAS X STATE OF TEXAS
APPELLANT’S THIRD MOTION TO EXTEND TIME FOR FILING
OF APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW THE APPELLANT, by and through his appointed
attorney of record, Paul M. Evans, in the above entitled and numbered
causes, and moves this Court, to grant the Appellant’s Third Motion to
Extend Time for Filing Appellant’s Brief, and, in support thereof, would
show the Court as follows:
I.
Appellant’s Brief was due before this Court on January 2, 2015. A
previous Motion to Extend was filed in Cause 03—14—00088—CR on July
25, 2014, along with a Motion to Consolidate with Cause 03—14—00408
—CR. Both motions were granted on July 28, 2014. A second Motion was
filed on November 24, 2014, and granted the following day.
II.
As recited in the previous Motion to Extend, in Cause 03—14—
00088—CR, Appellant seeks to appeal his conviction for Murder and
sentence of 75 years, which he received at the close of a contested jury trial.
In Cause 03—14—00408—CR, Appellant seeks to appeal his conviction
for Aggravated Robbery and sentence of 20 years, which he received as a
result of a plea bargain. The trial court made several rulings prior to trial
that were germane to both causes, hence the consolidation of the respective
appeals. The record is voluminous, with a 21-volume Reporter’s Record
from the former cause and a 6-volume Reporter’s Record in the latter cause.
The undersigned counsel is nearing the completion of the Appellant’s
Brief but requires more time to complete his research of the issues presented
on the record and the drafting of the arguments on appeal.
In addition to daily court appearances, the undersigned counsel has a
number of cases with pressing deadlines in trial courts, including but not
limited to:
*** State v. Morales, three counts of Sexual Assault of a
Child, three counts of Indecency with a Child by Contact, and
two counts of Indecency with a Child by Exposure, all
enhanced by habitual felon allegations, set for a contested
pretrial suppression hearing on February 2, 2015 in the 390 th
District Court of Travis County, with six witnesses
subpoenaed, and with trial certain to follow in late February or
March 2015;
*** State v. White, six counts of Aggravated Robbery, set for
a Pre-Jury Trial hearing on February 4, 2015 in the 390th
District Court of Travis County; “home invasion” case, where
the undersigned counsel has been provided with a wealth of
discovery in the last two week, with orders from the trial court
to finish said discovery prior to arraignment on February 4;
*** State v. Molitor, one count of Injury to a Child, set for
jury docket call on February 4, 2015 in the 421st District Court
of Caldwell County, with trial now scheduled for February 9,
2015; oldest case on Caldwell County felony jury docket
wherein client is free on bond, and trial court has indicated in
the past that it will not accept any plea bargain offer at this
point in time;
*** State v. Batten, six counts of Sexual Assault of a Child,
two counts of Indecency with a Child by Contact, and two
counts of Indecency with a Child by Exposure, set for jury
docket call (for the third time) on February 11, 2015 in the
427th District Court of Travis County, with trial now scheduled
for February 17, 2015.
In order to balance his duties to other clients, the undersigned counsel
would respectfully ask that the deadline for filing Appellant’s Brief be
extended to February 16, 2015.
III.
This Motion is not made for purposes of delay, but so that justice
might be served.
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully
prays that this Court, upon good cause shown, grant the Appellant’s Third
Motion to Extend Time for Filing Appellant’s Brief.
Respectfully submitted,
Law Office of Paul M. Evans
811 Nueces Street
Austin, Texas 78701
(512) 569-1418
(512) 692-8002 FAX
_/s/ Paul M. Evans________
PAUL M. EVANS
SBN 24038885
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
was delivered by hand and by electronic e-file notice unto the office of the
prosecuting attorney for the State of Texas on this the 24th day of January,
2015.
_/s/ Paul M. Evans________
PAUL M. EVANS
CERTIFICATE OF COMPLIANCE
I hereby certify that the present document contains 781 words, all
contents included.
_/s/ Paul M. Evans________
PAUL M. EVANS