ACCEPTED
01-15-00043-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/20/2015 5:24:10 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00043-CR
DeJESUS FOBBS § IN THE COURT OF APPEALS
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
VS. § FOR THE8/20/2015
FIRST 5:24:10
DISTRICT
PM
CHRISTOPHER A. PRINE
Clerk
THE STATE OF TEXAS § OF TEXAS AT HOUSTON
STATE’S MOTION TO EXTEND THE TIME
FOR FILING THE STATE’S BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
The State of Texas respectfully requests that the time for filing its brief in this
cause be extended. In support of this motion the State would show the Court the
following:
Appellant pleaded not guilty to a jury and was convicted of possession of
cocaine; he was assessed a sentence of confinement for ninety-nine years in TDCJ by
the jury. Appellant is currently incarcerated. Appellant filed his brief on April 27,
2015, and the State’s brief was due on first extension August 14, 2015. The State
requests an extension of time to file its brief until September 14, 2015.
Counsel has good cause for the delay in filing this brief. Undersigned counsel
has been retained as a special prosecutor by the Hardin County D.A.’s Office to
prepare and file the brief and represent the State of Texas in this appeal, because that
office does not have an appellate attorney. Undersigned counsel is the only appellate
attorney in the Kaufman County D.A.'s office and has multiple other assignments
there as well, as well as trial support. Counsel is also working on preparation for trial
Page 1
of a death penalty case, State v Charles Brownlow, in which jury selection was set to
begin in August. Since the previous request for extension was filed, Brownlow’s
defense counsel have filed a suggestion of incompetence, which has occasioned
additional unexpected hearings and research – the issue of incompetency is now set
for jury trial September 14. Counsel’s elderly relative who lived with counsel died
June 29 of lung cancer after several weeks in ICU, and counsel had to spend more
time than anticipated during the past six weeks dealing with the aftermath of that
illness and death. In addition, counsel was ordered on July 17 to file a response to
Respondent’s motion for rehearing on denial of Respondent’s petition for review in
Texas Supreme Court cause number 15-0120 by July 22. Counsel just completed the
brief in 02-14-00182-CR which is set for submission next week. Counsel is now
working to assist in setting up truancy procedures in compliance with HB 2398,
which is effective September 1. Counsel must complete the State’s brief in 05-14-
01073-CR before counsel can commence the brief in this case. One previous
extension has been requested by the State in this matter.
Page 2
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that the time for filing the State’s brief be extended until September 14, 2015.
Respectfully submitted, ___/s/ Sue Korioth_________
by Sue Korioth
Special Prosecutor for Hardin County
David A. Sheffield State Bar Card No. 11681975
Hardin County District Attorney P.O. Box 600103
P.O. Box 1409 Dallas, Texas 75360
Kountze, Texas 77625 (214) 384-3864
(409) 246-5160 suekorioth@aol.com
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing has been served on Joel Bennett,
Attorney for Appellant, 1100 Nasa Parkway, Suite 302, Houston, Texas 77058,
joel@searsandbennett.com, by e-mail, on the 20th day of August, 2015, or by e-
service if defense counsel is registered with an e-service provider.
__/s/ Sue Korioth________
SUE KORIOTH
Page 3