AP-77,029
FILED IN
COURT OF CRIMINAL APPEALS
COURT OF CRIMINALAPPEALS
AUSTIN, TEXAS
June 2, 2015 Transmitted 6/2/2015 3:33:57 PM
Accepted 6/2/2015 3:35:34 PM
ABEL ACOSTA
ABEL ACOSTA, CLERK NO. AP-77,029 CLERK
IN THE COURT OF CRIMINAL APPEALS
OF
THE STATE OF TEXAS
JAMES HARRIS, JR., Appellant
THE STATE OF TEXAS, Appellee
STATE'S MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF CIRMINAL APPEALS:
COMES NOW THE STATE OF TEXAS, by and through the
Criminal District Attorney of Brazoria County, Texas, and presents its
Motion for Extension of Time to File State's Brief and in support thereof
would show the following:
I.
The Appellant is confined pursuant to the judgment and sentence
of the 149th District Court of Brazoria County, Texas, convicting him of
the capital murder of Alton Wilcox. On December 11, 2013, the jury
answered the special issues supporting the imposition of the death
penalty and the Judge sentenced him to death. After filing two
extensions, the Appellant filed his brief on February 3, 2015. The
deadline for filing the State's brief is June 3, 2015. The State has
requested one prior extension in this case, but the court has given only
one 90 day extension.
II.
The State respectfully requests that the Court extend the deadline
to file the State's brief for 60 days until August 3, 2015.
III.
In support of the extension, the State would show that the
undersigned attorney is responsible for handling felony, misdemeanor, and
juvenile appeals; 11.07, 11.09, 11.071, and 11.072 writs of habeas corpus;
reviewing mandated cases to verify the defendants' sentencing setting; motions for
DNA testing; continuing legal education for the trial attorneys; and aiding trial
counsel and the District Attorney in legal research immediately before and during
trial.
The undersigned attorney will also be responsible for handling the 11.071
writ in the above cause. This Motion is made so that justice may be done in this
cause, and not for purposes of delay.
IV.
The undersigned attorney has recently been responsible for the following:
- Presenting argument, preparing trial brief, preparing findings of fact in the
motion for new trial on State v. Niare Lyte, cause no. 69744. Hearing was held
February 2, 2015.
- Presenting testimony, cross examining witnesses, preparing answer, and
preparing findings of fact for the writ of habeas corpus on Ex parte Jordan
Nichols, no. 19414R-A on February 26, 2015.
- Presenting oral argument before the Court of Criminal Appeal in cause no.
PD-0857-14, State v. Kenneth Douds on March 18, 2015.
- Evidentiary submission April 6, 2015 in writ of habeas corpus Ex parte
Justin Saathoff, no. 68081-A.
- Evidentiary submission May 13, 2015 in writ of habeas corpus Ex parte Jose
Lomeli, no. 71293-A.
- Attended Appellate Seminar May 27-29 2015.
- Over the last month, preparing and filing an answer and findings in an
additional writ of habeas corpus; preparing research for the District Attorney and
trial counsel on a number of occasions; various administrative matters, and
presenting new case appellate opinions for two staff meetings.
In the near future, the undersigned attorney is responsible for:
- Brief due on Bridget Miller v. State, 01-14-00930-CR, on June 3, 2015
(extension to be requested).
V.
The Appellant has filed a 63 page brief, presenting ten points of error,
including eight points of error regarding the voir dire. The overall Reporter's
Record consists of 87 volumes. Pretrial matters are covered in volumes 1 through
19, plus volumes 55 and 56. Voir dire is contained in volumes 20 through 54. The
punishment phase in contained in volumes 57 through 75. And volumes 76 through
87 contain the pre-trial and trial exhibits.
WHEREFORE, PREMISES CONSIDERED, the State prays that the
Court grant this Extension of Time to File the State's Brief.
Respectfully submitted,
/S/ David Bosserman
DAVID BOSSERMAN
Assistant District Attorney
111 E. Locust, Suite 408A
Angleton, Texas 77515
(979) 864-1232;
fax (979) 864-1525
Bar Card No. 02679520
davidb@brazoria-county.com
SUBSCRIBED TO AND SWORN TO BEFORE ME, on this the 2nd day of
June, 2015 to certify which, witness my hand and seal of office.
/S/ Myrlin Lesikar
NOTARY PUBLIC
My Commission Expires 2-28-2017
CERTIFICATE OF SERVICE
The undersigned Attorney for the State of Texas certifies that a true copy of
this motion was served by e-mail service provider in accordance with Rule 9.5 of
the Rules of Appellate Procedure on Appellant's attorney, Jimmy Phillips whose
address is P.O. Drawer 29, Angleton, Texas on this 2nd day of June, 2015.
/S/ David Bosserman
DAVID BOSSERMAN