PD-1133-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/6/2015 4:54:57 PM
Accepted 10/7/2015 4:19:54 PM
ABEL ACOSTA
NO. PD-1133-15
CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AT AUSTIN
NO. 01-14-00345-CR
IN THE COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS
AT HOUSTON
BRANDON DERRAIL EVANS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
MOTION FOR SECOND EXTENSION OF TIME TO FILE
APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
Winston E. Cochran, Jr.
Attorney at Law
Texas Bar No. 04457300
P.O. Box 2945
League City, TX 77574
FILED IN Tel. (713) 228-0264
COURT OF CRIMINAL APPEALS E-mail:winstoncochran@comcast.net
October 7, 2015
Counsel for Appellant
ABEL ACOSTA, CLERK
TO THE COURT OF CRIMINAL APPEALS OF TEXAS:
COMES NOW the appellant, Brandon Derrail Evans (hereinafter "Evans"),
through the undersigned counsel, and respectfully requests that this Court grant a
second, 30-day extension of the time to file a petition for discretionary review of the
decision in this cause by the Court of Appeals for the First District of Texas, for
reasons set forth as follows.
1. Evans was indicted for Possession of a Firearm by a Felon. A jury found
Evans guilty as charged. Punishment was assessed at confinement for five years in
the Texas Department of Criminal Justice, Correctional Institutions Division. Evans
gave timely notice of appeal.
2. On appeal Evans challenged the sufficiency of the evidence to show that
he knowingly possessed a firearm which was located on the floor of a vehicle in
which he was seated. The issue essentially was a question as to how the "affirmative
links" doctrine applied. The Court of Appeals affirmed the judgment of the district
court on July 30, 2015.
3. This Court granted an extension of time to file the petition for discretionary
review until September 30, 2015. Evans requests a second extension of time to file
the petition until October 30, 2015.
4. The reasons for the requested second extension are as follows:
(A) Since September 1, 2015, when the first extension request was filed, the
undersigned counsel spent an unexpectedly large amount of time on matters relating
to an Intoxication Manslaughter case, State of Texas v. Darcie Spillers, in the 405th
District Court of Galveston County, Texas. First, on September 3, 2015, counsel had
to go to Jefferson County, Texas, where Spillers was arrested for a DWI case, filed
while Spillers was on bond. The next day counsel had to go into the 405th District
Court for a brief hearing to determine whether a bond revocation hearing would be
set. Then a hearing on the bond revocation motion was conducted on September 11,
2015. Another pretrial hearing on various motions was conducted on September 18,
2015, with final settlement efforts failing when the prosecutor raised the plea offer.
Jury selection occurred on Monday, September 21, 2015, and the trial then lasted
until the middle of the day on Friday, October 2, 2015. Every evening during trial was
spent on preparation for the next day.
(B) Counsel also had to spend a few hours, right before the extended due date
for the petition, working with another attorney on a civil appeal in the United States
Court of Appeals for the Fifth Circuit, as the other attorney is not a Fifth Circuit
member and had to have the undersigned counsel's assistance.
(C) The undersigned counsel also is seeking a second extension on another
case, AndrewDemond Haynes v. State, until October 21, 2015. Counsel needs a little
extra time to work on this case after the Haynes petition is completed.
5. The issue which Evans intends to present in his petition will be the
following question, or a similarly worded question:
Did the Court of Appeals err in its interpretation and application of the
"affirmative links" concept in holding that the evidence, was sufficient?
This is essentially a question of interpreting the law, particularly the balance between
"links" which are shown and those which are not, rather than a question of the state
of the evidence in the particular case.
Wherefore Evans prays that the time for filing a petition for discretionary
review in this cause be extended to October 30, 2015.
Respectfully submitted,
/s/ Winston E. Cochran, Jr.
Winston E. Cochran, Jr.
Attorney at Law
Texas Bar No. 04457300
P.O. Box 2945
League City, TX 77574
Tel. (713) 228-0264
E-mail:winstoncochran@comcast.net
Counsel for Appellant
CERTIFICATE OF SERVICE
I certify that copies of this petition have been served on counsel for the State
electronically or by mail at the following addresses on October 6, 2015:
Galveston County District Attorney's Office Hon. Lisa C. McMinn
Appellate Division State Prosecuting Attorney
Attention: Rebecca Klaren P.O. Box 13046
600 59th Street Austin, TX 78711-3046
Galveston, TX 77551
/s/ Winston E. Cochran, Jr.
Winston E. Cochran, Jr.