CAUSE NUMBER 03—14—00088—CR

 CAUSE NUMBER 03—14—00408—CR 

DARIUS LOVINGS X IN THE COURT OF APPEALS

 X 

V. X THIRD COURT OF APPEALS

 X 

STATE OF TEXAS X STATE OF TEXAS

APPELLANT’S THIRD MOTION TO EXTEND TIME FOR FILING

OF APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW THE APPELLANT, by and through his appointed 

attorney of record, Paul M. Evans, in the above entitled and numbered 

causes, and moves this Court, to grant the Appellant’s Third Motion to 

Extend Time for Filing Appellant’s Brief, and, in support thereof, would 

show the Court as follows: 

 I.

Appellant’s Brief was due before this Court on January 2, 2015. A 

previous Motion to Extend was filed in Cause 03—14—00088—CR on July

25, 2014, along with a Motion to Consolidate with Cause 03—14—00408

—CR. Both motions were granted on July 28, 2014. A second Motion was 

filed on November 24, 2014, and granted the following day. 

ACCEPTED

03-14-00088-CR

3937374

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/28/2015 3:58:22 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/28/2015 3:58:22 PM JEFFREY D. KYLE Clerk
 II. 

As recited in the previous Motion to Extend, in Cause 03—14—

00088—CR, Appellant seeks to appeal his conviction for Murder and 

sentence of 75 years, which he received at the close of a contested jury trial. 

In Cause 03—14—00408—CR, Appellant seeks to appeal his conviction 

for Aggravated Robbery and sentence of 20 years, which he received as a 

result of a plea bargain. The trial court made several rulings prior to trial 

that were germane to both causes, hence the consolidation of the respective 

appeals. The record is voluminous, with a 21-volume Reporter’s Record 

from the former cause and a 6-volume Reporter’s Record in the latter cause. 

The undersigned counsel is nearing the completion of the Appellant’s

Brief but requires more time to complete his research of the issues presented

on the record and the drafting of the arguments on appeal. 

In addition to daily court appearances, the undersigned counsel has a 

number of cases with pressing deadlines in trial courts, including but not 

limited to: 

*** State v. Morales, three counts of Sexual Assault of a 

Child, three counts of Indecency with a Child by Contact, and 

two counts of Indecency with a Child by Exposure, all 

enhanced by habitual felon allegations, set for a contested 

pretrial suppression hearing on February 2, 2015 in the 390th
District Court of Travis County, with six witnesses 

subpoenaed, and with trial certain to follow in late February or 

March 2015;

*** State v. White, six counts of Aggravated Robbery, set for

a Pre-Jury Trial hearing on February 4, 2015 in the 390th

District Court of Travis County; “home invasion” case, where 

the undersigned counsel has been provided with a wealth of 

discovery in the last two week, with orders from the trial court 

to finish said discovery prior to arraignment on February 4;

*** State v. Molitor, one count of Injury to a Child, set for 

jury docket call on February 4, 2015 in the 421st District Court 

of Caldwell County, with trial now scheduled for February 9, 

2015; oldest case on Caldwell County felony jury docket 

wherein client is free on bond, and trial court has indicated in 

the past that it will not accept any plea bargain offer at this 

point in time; 

*** State v. Batten, six counts of Sexual Assault of a Child, 

two counts of Indecency with a Child by Contact, and two 

counts of Indecency with a Child by Exposure, set for jury 

docket call (for the third time) on February 11, 2015 in the 

427th District Court of Travis County, with trial now scheduled 

for February 17, 2015.

In order to balance his duties to other clients, the undersigned counsel

would respectfully ask that the deadline for filing Appellant’s Brief be 

extended to February 16, 2015. 

 III. 

This Motion is not made for purposes of delay, but so that justice 

might be served. 
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully 

prays that this Court, upon good cause shown, grant the Appellant’s Third 

Motion to Extend Time for Filing Appellant’s Brief.

 Respectfully submitted,

 Law Office of Paul M. Evans

 811 Nueces Street

 Austin, Texas 78701

 (512) 569-1418

 (512) 692-8002 FAX

 _/s/ Paul M. Evans________ 

 PAUL M. EVANS

 SBN 24038885

 Attorney for Defendant

 CERTIFICATE OF SERVICE

 I hereby certify that a true and correct copy of the above and foregoing 

was delivered by hand and by electronic e-file notice unto the office of the 

prosecuting attorney for the State of Texas on this the 24th day of January, 

2015. 

 

 _/s/ Paul M. Evans________ 

 PAUL M. EVANS
 CERTIFICATE OF COMPLIANCE

 I hereby certify that the present document contains 781 words, all 

contents included. 

 

 _/s/ Paul M. Evans________ 

 PAUL M. EVANS