AP-77,03
FILED IN COURT OF CRIMINAL APPEAL
COURT OF CRIMINAL APPEALS AUSTIN, TEXA
Transmitted 4/20/2015 10:02:05 Al
Accepted 4/20/2015 10:50:03 Al
April 20, 2015 NO. AP-77,034 ABEL ACOST
CLER
ABEL ACOSTA, CLERK IN THE
COURT OF CRIMINAL APPEALS
<
AUSTIN, TEXAS
BRANDON DANIEL APPELLANT
VS.
THE STATE OF TEXAS APPELLEE
,RD
APPEAL FROM THE 403"^ JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. Dl-DC-12-201718
STATE'S SECOND MOTION FOR EXTENSION OF TIME
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The State ofTexas respectfullymoves for an extension of the deadline for filing
the State's brief and, in accordance with Texas Rules ofAppellate Procedure 38.6 and
10.5(b), advises the Court as follows:
(a) Following his conviction for CapitalMurder, the appellant was sentenced to
death so the notice of appeal in the above cause is automatic. The trial court imposed
the sentence of death on February 28, 2014. (CR 198). Appellant's counsel filed a
brief on January 16, 2015.
(b) The State's brief is currently due on April 20, 2015.
(c) This request is that the deadline for filing the State's briefbe extended by
60 days.
(d) The number ofprevious extensions oftime granted for submission ofthe
State's brief is: one.
(e) The State relies upon the following facts to reasonably explain the need
for an extension of the deadline:
1. During the period since this briefwas filed, the attorney assigned to this
case has been working on other pressing appellate matters and has not
had sufficient time to prepare an adequate response to this brief. The
attorney assigned to this case has also been assisting trial counsel in
pretrial issues for the upcoming retrial in State v. Cathy Lynn
Henderson, cause number D-l-DC-94-942034, another capital murder
case.
2. This request is not made for the purpose of delay, but to ensure that the
Court has a proper State's briefto aid in the just disposition ofthe above
cause.
WHEREFORE, the State of Texas respectfully requests that the deadline for
filing the State's brief be extended to June 19, 2015.
Respectfully submitted,
ROSEMARY LEHMBERG
District Attorney
Travis County, Texas
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
State Bar No. 06022700
P.O. Box 1748
Austin, Texas 78767
(512)854-9400
Fax No. 854-4810
Lisa.Stewart@traviscountvtx.gov
AppellateTCDA@traviscountytx.gov
CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based
upon the computer program used to generate this motion, that this motion contains
276 words, excluding words contained in those parts of the motion that Rule 9.4(i)
exempts from inclusion in the word count. I certify, further, that this motion is
printed in a conventional, 14-point typeface.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that, on the 20 day of April, 2015, a true and correct copy of
this motion was served, by U.S. mail, electronic mail, facsimile, or electronically
through the electronic filing manager, to the Appellant's attorney on appeal, Ariel
Payan, Attorney at Law, 1012 Rio Grande, Austin, Texas 78701; Honorable Lisa C.
McMinn, State Prosecuting Attorney, P.O. Box 13046, Austin, Texas 78711;
appellant's writ of habeas corpus attorney, Brad Levenson, Office of Capital Writs,
1033 La Posada Drive, Suite 374, Austin, Texas 78752-3824.
/s/ Lisa Stewart
Lisa Stewart
Assistant District Attorney