ACCEPTED
01-15-00628-Cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/10/2015 4:23:34 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00628-CR
In the FILED IN
Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
For the 12/10/2015 4:23:34 PM
First District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
No. 1330029
In the 183rd District Court
Of Harris County, Texas
DARRELL D. BROUSSARD
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for an
extension of time in which to file its appellate brief and in its motion, would show
the Court the following:
1. The State charged the appellant with capital murder by causing the death of
Ahmad Adnan Issaoui while in the course of committing or attempting to
commit a robbery, and the jury found the appellant guilty (CR – 295; 6 RR
34-35). The trial court sentenced him in accordance with the jury’s verdict
to life without the possibility of parole in the Texas Department of Criminal
Justice, Institutional Division (CR – 298-99; 6 RR 36-37). The appellant
gave timely notice of appeal, and the trial court certified that he had the
right to appeal (CR – 301-2; 6 RR 38). The State’s brief is due on December
10, 2015. This is the State’s second request for an extension. The following
facts are relied upon to show good cause for an extension of time to allow
the State to file its brief:
a. The record in this case is over sixty-two megabytes in length split over
eight volumes. The appellant brings four points of error. The undersigned
attorney has read the record and is currently working to address the
appellant’s claims.
b. The undersigned attorney was involved in completing the following
written appellate projects since the appellant filed his brief:
(1) Alfredo Lara v. The State of Texas
01-15-00472-CR
Brief Filed September 24, 2015
(2) Tyran Riley v. The State of Texas
14-15-00081-CR
Brief Filed October 6, 2015
(3) Christian A. Norris v. The State of Texas
01-15-00484-CR, 01-15-00485-CR
Brief Filed October 13, 2015
(4) Juan Jose Quintero v. The State of Texas
14-15-00252-CR
Brief Filed October 27, 2015
(5) Edgar Gutierrez v. The State of Texas
01-15-00490-CR
Brief Filed November 12, 2015
(6) Rodney Sewell v. The State of Texas
14-15-00216-219-CR
Brief Filed November 23, 2015
(7) Miguel Gomez v. The State of Texas
01-15-00179-CR
Brief Due December 14, 2015
(8) Corey Douglas-Myers v. The State of Texas
01-15-00610-CR
Brief Due December 21, 2015
(9) Oscar Rivera v. The State of Texas
01-15-00239-240-CR
Brief Due December 22, 2015
(10) Sandra Berry v. The State of Texas
14-15-00398-00400-CR
Brief Due December 31, 2015
c. The undersigned attorney also had oral argument in the
Fourteenth Court of Appeals on Thursday, October 29 regarding
Odel Allen v. The State of Texas, 14-14-00708-CR.
d. The undersigned attorney also had oral argument in the
Fourteenth Court of Appeals on Tuesday, November 10 regarding
Larry Torres v. The State of Texas, 14-15-00155-158-CR.
Consequently, the undersigned attorney has been unable to complete
the State’s reply brief in this case in the time permitted despite due
diligence, and the requested extension of time is necessary to permit
the undersigned attorney to adequately investigate, complete, and file
the State’s appellate brief for this cause. The State’s motion is not for
purposes of delay, but so that justice may be done.
WHEREFORE, the State prays that this Court will grant a two week extension of
time for the undersigned attorney to complete and file the State’s appellate brief in
this case.
Respectfully submitted,
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Thomas J. Lewis
1602 Washington Ave.
Houston, TX 77007
Tjlaw2@comcast.net
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
Date: December 10, 2015