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 FOURTH 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 Fourth 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 February 17, 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 

ACCEPTED

03-14-00408-CR

4520744

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/16/2015 7:50:36 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/18/2015 12:00:00 PM JEFFREY D. KYLE Clerk
filed on November 24, 2014, and granted the following day. A third Motion 

to Extend was filed on January 28, 2015, and granted the following day. 

 II. 

The undersigned counsel has completed the Appellant’s Brief and 

would respectfully ask that this Court consider said Brief to be timely filed. 

On March 13, 2015, this Court abated the appeal to the trial court for 

a hearing to determine whether Appellant still wished to pursue the appeal 

and whether the trial court should appoint other counsel to represent 

Appellant on appeal. On March 16, the trial court held a hearing pursuant to

this Court’s order, at which time the trial court determined that the 

undersigned counsel had not abandoned the appeal and was almost finished 

with the completion of Appellant’s Brief. 

On the morning of January 30, 2015, the undersigned counsel awoke 

to find his sciatic nerve was severely pinched. The cause is unknown, and 

the resulting pain was excruciating and non-stop. Counsel is still hobbling 

as of the date of the instant filing. This development was not anticipated by 

the undersigned counsel. The effect on the undersigned counsel’s ability to 

focus and concentrate has been very profound. Additionally, construction of

a high rise building in the 800 block of Nueces Street, less than 50 yards 

from the undersigned counsel’s office, has begun in earnest during the same
period. Since the filing of the last motion to extend, an entire hillside has 

been excavated and leveled at close proximity to the undersigned counsel’s 

workplace. At times, the noise from construction has prevented the 

undersigned counsel from working on the instant matter during ordinary 

daylight hours. 

The undersigned counsel offers his sincerest apologies to the Court 

for tendering a late brief, but under the circumstances, this is the earliest 

date on which the Appellant’s Brief could have been completed without 

doing violence to the undersigned counsel’s obligations to his clients, 

Appellant included. 

 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 Fourth 

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 16th day of March, 

2015. 

 

 _/s/ Paul M. Evans________ 

 PAUL M. EVANS

 CERTIFICATE OF COMPLIANCE

 I hereby certify that the present document contains 623 words, all 

contents included. 

 

 _/s/ Paul M. Evans________ 

 PAUL M. EVANS