ACCEPTED
04-15-00122-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/19/2015 3:27:25 PM
KEITH HOTTLE
CLERK
NO. 04-15-00122-CR
CARLOS BERNARD SMITH § IN THE FOURTH DISTRICT
FILED IN
4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
§ 08/19/15 3:27:25 PM
VS. § COURT OF APPEALS
KEITH E. HOTTLE
§ Clerk
§
STATE OF TEXAS § SAN ANTONIO, TEXAS
MOTION FOR EXTENSION OF TIME
TO FILE STATE’S BRIEF
TO THE HONORABLE JUDGES OF THE FOURT COURT OF APPEALS:
NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of
Bexar County and Counsel for the State of Texas, and files this Motion asking that
the Court extend the time for filing the State’s brief.
Appellant was found guilty by a jury of murder and sentenced to 40 years
on February 13, 2015. The notice of appeal was timely filed on February 24,
2015. The reporter’s record was filed on March 16, 2015 and the clerk’s record
was filed on June 15, 2015. Appellant filed his brief on July 14, 2015. This is the
State’s first motion for extension and the State requests a 30 day extension to
September 14, 2015.
This extension is not sought for the purpose of delaying this appeal. State
requests an extension for the following reasons:
1) Counsel would like more time to research and write the State’s brief.
2) Counsel was in trial in the 175th District Court on State v. Delridge Clark
from July 28 to July 31, 2015.
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3) Counsel was out of the office July 20-21, 2015.
4) Counsel prepared an in-house CLE training which was presented July 17,
2015.
5) Counsel recently filed the following brief in the Fourth Court of
Appeals:
a. Taylor Rosenbusch v. State, 04-14-00050-CR
b. Gary Lynn Baker v. State, 04-14-00676-CR
c. In re A.A.M and R.M.M., children, 04-15-00324-CV
Therefore, counsel respectfully asks the Court to grant this extension time
to file the State’s brief in this case.
WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays
that the Court grant an extension of time to September 14, 2015 for filing the
State’s brief.
Respectfully submitted,
Nicholas “Nico” LaHood
Criminal District Attorney
Bexar County, Texas
/s/ Lauren A. Scott
_____________________
Lauren A. Scott
State Bar No. 24066843
Assistant Criminal District Attorney
101 W. Nueva Street
San Antonio, Texas 78205-3030
Phone: (210) 335-2885
Email: lscott@bexar.org
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CERTIFICATE OF SERVICE
I, Lauren A. Scott, Assistant District Attorney, Bexar County, Texas, certify
that a copy of the foregoing motion was delivered by e-file e-service to James
Oltersdorf, attorney for appellant, on August 19, 2015.
_/s/ Lauren A. Scott
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Carlos Bernard Smith v. State
Combined Opinion