ACCEPTED
05-14-00593-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
7/22/2015 10:54:43 AM
LISA MATZ
CLERK
NO. 05-14-00593-CR
IN THE COURT OF APPEALS FILED IN
5th COURT OF APPEALS
FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS
AT DALLAS, TEXAS 7/22/2015 10:54:43 AM
_____________________________ LISA MATZ
Clerk
JOSE LOZANO,
APPELLANT
vs.
THE STATE OF TEXAS,
APPELLEE
_____________________________
STATE’S FIRST MOTION FOR EXTENSION
OF TIME TO FILE ITS BRIEF
_____________________________
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, THE STATE OF TEXAS, respectfully requesting this
Honorable Court to extend the due date for the State’s brief by thirty (30) days,
from July 23, 2015, to August 22, 2015. This case is not currently set for
submission.
Appellant pled not guilty to an indictment for capital murder. (CR: 12; RR 2:
8-9; RR 4: 12). A Dallas County jury found Appellant guilty of the lesser-included
offense of murder and sentenced him to eighty (80) years’ confinement in the
Texas Department of Criminal Justice. (CR: 64, 82, 89; RR 7: 8, 23). Appellant’s
motion for new trial was overruled by operation of law. (CR: 73).
Appellant’s brief was filed in this Honorable Court on June 23, 2015. The
State’s brief is currently due July 23, 2015. Counsel is requesting an extension of
time for the State to file its brief. In addition to other responsibilities, including
work on expunctions and out-of-state subpoenas, Counsel is diligently working on
the State’s response to Appellant’s brief and to response briefs in other appeals.
This is the State’s first request for an extension of time for filing its brief.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that this Court extend the State’s deadline for filing the State’s brief by thirty days,
until August 22, 2015.
Respectfully submitted,
_________________________
KIMBERLY J. DUNCAN
Assistant District Attorney
State Bar No. 24051190
Frank Crowley Courts Bldg.
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3629
Kimberly.Duncan@dallascounty.org
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing motion has been served on
the Honorable Christian Souza, Attorney for Appellant, via electronic service on
July 22, 2015.
__________________________
KIMBERLY J. DUNCAN
Assistant District Attorney