ACCEPTED
03-14-00088-CR
4520741
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/16/2015 7:49:17 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
3/18/2015 12:00:00 PM
X JEFFREY D. KYLE
Clerk
V. X THIRD COURT OF APPEALS
X
STATE OF TEXAS X STATE OF TEXAS
APPELLANT’S FOURTH 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 Fourth 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 February 17, 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. A third Motion
to Extend was filed on January 28, 2015, and granted the following day.
II.
The undersigned counsel has completed the Appellant’s Brief and
would respectfully ask that this Court consider said Brief to be timely filed.
On March 13, 2015, this Court abated the appeal to the trial court for
a hearing to determine whether Appellant still wished to pursue the appeal
and whether the trial court should appoint other counsel to represent
Appellant on appeal. On March 16, the trial court held a hearing pursuant to
this Court’s order, at which time the trial court determined that the
undersigned counsel had not abandoned the appeal and was almost finished
with the completion of Appellant’s Brief.
On the morning of January 30, 2015, the undersigned counsel awoke
to find his sciatic nerve was severely pinched. The cause is unknown, and
the resulting pain was excruciating and non-stop. Counsel is still hobbling
as of the date of the instant filing. This development was not anticipated by
the undersigned counsel. The effect on the undersigned counsel’s ability to
focus and concentrate has been very profound. Additionally, construction of
a high rise building in the 800 block of Nueces Street, less than 50 yards
from the undersigned counsel’s office, has begun in earnest during the same
period. Since the filing of the last motion to extend, an entire hillside has
been excavated and leveled at close proximity to the undersigned counsel’s
workplace. At times, the noise from construction has prevented the
undersigned counsel from working on the instant matter during ordinary
daylight hours.
The undersigned counsel offers his sincerest apologies to the Court
for tendering a late brief, but under the circumstances, this is the earliest
date on which the Appellant’s Brief could have been completed without
doing violence to the undersigned counsel’s obligations to his clients,
Appellant included.
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 Fourth
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 16th day of March,
2015.
_/s/ Paul M. Evans________
PAUL M. EVANS
CERTIFICATE OF COMPLIANCE
I hereby certify that the present document contains 623 words, all
contents included.
_/s/ Paul M. Evans________
PAUL M. EVANS