ACCEPTED
05-15-01027-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
12/4/2015 10:00:53 AM
LISA MATZ
CLERK
Nos. 05-15-01027-CR
Brandon Donya Hughes § In the Court of Appeals
FILED IN
5th COURT OF APPEALS
v. § DALLAS, TEXAS
for the Fifth District
12/4/2015 10:00:53 AM
The State of Texas § of Texas at Dallas LISA MATZ
Clerk
STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
The State of Texas, by and through the Criminal District Attorney of Dallas
County, respectfully requests that the Court extend the time for filing the State’s brief.
In support of this motion, the State shows the following:
1.
A grand jury indicted Appellant for the murder of Lahomer Anderson. Tex.
Penal Code Ann. § 19.02 (West 2011). (CR:9). Appellant elected to have a jury trial,
which began August 18, 2015. (RR3:15; CR 79). The jury found Appellant guilty and
sentenced him to life imprisonment in the Texas Department of Criminal Justice–
Institutional Division. (RR4:133; RR5:133, 135; CR:79-80). Appellant filed a timely
notice of appeal. (CR:82).
2.
Appellant filed his brief on November 5, 2015. The State’s brief is due on
Saturday, December 5, 2015. This is the State’s first request for an extension of time.
This case has not yet been set for submission.
3.
The undersigned counsel was assigned to this appeal on November 5, 2015.
Since September 30, 2015, Counsel was assigned to respond to the appellant’s brief in
Taylor v. State, appellate cause number 05-15-00567-CR, with the State’s brief due on
October 23, 2015. Counsel filed an motion for extension of time to file brief on
October 22, 2015 and that motion was granted with a due date of November 22,
2015. Counsel filed a brief in that cause number on November 18, 2015. Since
October 30, 2015, counsel began work on Hernandez v. State, appellate cause number
05-15-00198-CR, with the State’s brief due on October 24, 2015. The appellate
division was not served a copy of the brief filed in this cause number and did not
become aware of the filing until October 29, 2015. Counsel requested and received an
extension to file until November 23, 2015 and subsequently filed a brief in that cause
number on November 18, 2015. Counsel also missed some workdays during the week
of November 9, 2015 due to illness.
In addition to his briefing responsibilities, counsel also has performed other
duties required of his job, such as providing trial support to trial prosecutors,
performing research for senior attorneys, and assisting trial courts with abatements of
pending appeals.
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For all the foregoing reasons, counsel respectfully asks the Court to extend the
deadline for filing the State’s brief until Monday, January 4, 2016.
Respectfully submitted,
/s/ Rhys Carson
Rhys Carson (SBN 24092227)
Assistant District Attorney
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
214-653-3625
214-653-3643 (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing motion was served on R. Scott
Walker, counsel for Appellant, by electronic service through eFileTexas.gov on
December 4, 2015.
/s/ Rhys Carson
Rhys Carson
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