PD-0763-15
PD-0763-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/23/2015 11:52:18 PM
Accepted 6/25/2015 11:35:53 AM
ABEL ACOSTA
No. PD-____-15 CLERK
DONALD HUFF, § IN THE TEXAS COURT
Appellant-Respondent §
§
v. § OF CRIMINAL APPEALS
§
STATE of TEXAS, §
Appellee-Petitioner § AUSTIN, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE STATE’S PETITION FOR
DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES the State of Texas, by and through Nicholas “Nico” LaHood,
Criminal District Attorney of Bexar County, Texas, and the undersigned assistant
criminal district attorney, with the filing of this motion asking the Court extend the
time for filing the State’s petition for discretionary review.
I. Statement of the Case
Appellant was convicted by a jury for the offense of murder in Bexar County
cause number 2011-CR-2990. The Fourth Court of Appeals reversed Appellant’s
conviction on April 8, 2015 in cause number 04-13-00891-CR. The court of
appeals denied the State’s motion for rehearing on May 11, 2015. The State’s
petition for discretionary review was due June 10, 2015. This is the State’s first
request for an extension.
June 26, 2015
II. Reasons for Extension
This extension is not sought for the purposes of delaying this appeal; but for
the following reasons:
1. Counsel for the State recently transferred from the appellate division of the
Bexar County Criminal District Attorney’s Office to the special crimes
division, which requires undersigned counsel to appear regularly in the trial
courts of Bexar County. This is one of a few appellate cases the undersigned
counsel has retained. Because the transition has consumed most of the
undersigned counsel’s working hours, he requires additional time to
complete a petition for discretionary review.
2. Counsel for the State was out of state on vacation with his family from June
13 through 21, 2015. This vacation was prior to the Fourth Court’s reversal
of Appellant’s conviction and prior to the undersigned counsel’s job transfer.
3. This motion is timely if filed “no later than 15 days after the last day for
filing the petition.” TEX. R. APP. P. 68.2(c).
WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays the
Court grant an extension of time for an additional thirty days for filing the State’s
petition for discretionary review.
Respectfully submitted,
NICHOLAS “NICO” LAHOOD
Criminal District Attorney
Bexar County, Texas
_______/s/ Nathan E. Morey_______
NATHAN E. MOREY
Assistant Criminal District Attorney
State Bar No. 24074756
101 West Nueva Street, Suite 370
San Antonio, Texas 78205
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Voice: (210) 335-2414
Fax: (210) 335-2436
Email: nathan.morey@bexar.org
Attorneys for the State of Texas
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CERTIFICATE OF SERVICE
I, Nathan E. Morey, Assistant Criminal District Attorney, Bexar County,
Texas, hereby certify a true copy of the above and foregoing Motion for Extension
was emailed to Dayna L. Jones on Wednesday, June 24, 2015.
_______/s/ Nathan E. Morey_______
NATHAN E. MOREY
Assistant Criminal District Attorney
State Bar No. 24074756
101 West Nueva Street, Suite 370
San Antonio, Texas 78205
Voice: (210) 335-2414
Fax: (210) 335-2436
Email: nathan.morey@bexar.org
Attorney for the State of Texas
cc: DAYNA L. JONES
Attorney at Law
State Bar No. 24049450
206 E. Locust Street
San Antonio, Texas 78212
Voice: (210) 255-8525
Fax: (210) 249-0116
Email: daynaj33@gmail.com
Attorney for Appellant
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