FILED IN

COURT OF CRIMINAL APPEALS

April 20, 2015 NO. AP-77,034

ABEL ACOSTA, CLERK IN THE

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

AP-77,03

COURT OF CRIMINAL APPEAL

AUSTIN, TEXA

Transmitted 4/20/2015 10:02:05 Al

Accepted 4/20/2015 10:50:03 Al

ABEL ACOST

CLER

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 extensionof the deadline forfiling

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 convictionfor CapitalMurder, the appellantwassentenced 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.

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(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 ofthe 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 ofthe 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 ofCapital Writs,

1033 La Posada Drive, Suite 374, Austin, Texas 78752-3824.

/s/ Lisa Stewart

Lisa Stewart

Assistant District Attorney