ACCEPTED
04-15-00122-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/4/2015 10:38:09 AM
KEITH HOTTLE
CLERK
NO. 04-15-00122-CR
CARLOS BERNARD SMITH § IN THE FOURTH DISTRICT
FILED IN
4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
§ 11/04/15 10:38:09 AM
VS. § COURT OF APPEALS
KEITH E. HOTTLE
§ Clerk
§
STATE OF TEXAS § SAN ANTONIO, TEXAS
MOTION FOR LEAVE TO FILE LATE STATE’S BRIEF
TO THE HONORABLE JUDGES OF THE FOURT COURT OF APPEALS:
NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of
Bexar County and Counsel for the State of Texas, and files this Motion asking that
the Court grant leave for the State to file a late brief.
Appellant was found guilty by a jury of murder and sentenced to 40 years
on February 13, 2015. The notice of appeal was timely filed on February 24,
2015. The reporter’s record was filed on March 16, 2015 and the clerk’s record
was filed on June 15, 2015. Appellant filed his brief on July 14, 2015. The State
filed its brief late on November 4, 2015.
On October 26, 2015, the Court granted the State’s third motion for
extension of time to file the State’s brief, giving the State until October 29, 2015 to
file its brief. Unfortunately, counsel for the State made an improper assumption
that the Court granted a 30 day extension. As a result of this mistake, counsel
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focused on a brief in Joshua Bradley v. State, 13-15-00153-CR , that was due in
the Thirteenth Court of Appeals on November 2, 2015, instead of finishing the
brief in the instant case. As an officer of the court, counsel for the State assures the
Court that this was not a conscious, purposeful disregard of the Court’s order.
Counsel apologizes sincerely for this mistake and asks the Court to please accept
the State’s late brief.
WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays
that the Court grant leave for the State to file its late brief and that the Court
considers the State’s brief on review.
Respectfully submitted,
Nicholas “Nico” LaHood
Criminal District Attorney
Bexar County, Texas
/s/ Lauren A. Scott
Lauren A. Scott
State Bar No. 24066843
Assistant Criminal District Attorney
101 W. Nueva Street
San Antonio, Texas 78205-3030
Phone: (210) 335-2885
Email: lscott@bexar.org
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CERTIFICATE OF SERVICE
I, Lauren A. Scott, Assistant District Attorney, Bexar County, Texas, certify
that a copy of the foregoing motion was delivered by e-file e-service to James
Oltersdorf, attorney for appellant, on November 4, 2015.
_/s/ Lauren A. Scott
Lauren A. Scott
State Bar No. 24066843
Assistant Criminal District Attorney
101 W. Nueva Street
San Antonio, Texas 78205-3030
Phone: (210) 335-2885
Email: lscott@bexar.org
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