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NO. 03-14-00088-CR

03-14-00408-CR

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

DARIUS DONTAE LOVINGS § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 390TH JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

CAUSE NO. D1-DC-12-301231 and D1-DC-12-203247

STATE'S FOURTH MOTION FOR EXTENSION OF TIME

TO THE HONORABLE COURT OF APPEALS:

The State of Texas respectfully moves for an extension of the deadline for filing

the State’s brief and, in accordance with Texas Rules of Appellate Procedure 38.6 and

10.5(b), advises the Court as follows:

(a) Following his convictions for Murder and Aggravated Robbery, the

appellant filed his notice of appeal in the above causes on February 10, 2014, and June

ACCEPTED

03-14-00088-CR

6081047

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/15/2015 3:02:28 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/15/2015 3:02:28 PM JEFFREY D. KYLE Clerk
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18, 2014. Appellant’s counsel filed a brief on March 18, 2015.

(c) The State’s brief is currently due on July 17, 2015.

(c) This request is that the deadline for filing the State’s brief be extended by

30 days.

(d) The number of previous extensions of time granted for submission of the

State’s brief is: three.

(e) The State relies upon the following facts to reasonably explain the need

for an extension of the deadline:

1. During the period since the appellant’s brief was filed, the undersigned

attorney has completed and filed an original brief in two other pending

appellate cases, (i.e. In the Matter of R.J., No. 03-14-00389-CV; and In

the Matter of N.G.-D., No. 03-14-00437-CV); and has completed and

filed an answer in another case pending in the 167th Judicial District Court

of Travis County on a writ of habeas corpus (Ex parte Gary Stier, No. 92-

4772). The undersigned attorney has also completed and filed a motion for

rehearing in a pending Petition for Discretionary Review, (i.e. State of

Texas v. Adelfo Ramirez Cruz, CCA No. PD-0082-14). The undersigned

attorney is also responsible for preparing the State’s brief in another

pending appellate case (i.e. Thaung Tin v. State of Texas, No. 03-14-
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00677-CR; and Jonas Hampton Smith v. State of Texas, No. 14-15-

00037-CR). The undersigned attorney is also responsible for preparing a

court ordered response to a Petition for Writ of Mandamus (i.e. In re John

Antonio Slaughter, No. 03-15-00387-CV).

2. This request is not made for the purpose of delay, but to ensure that the Court

has a proper State’s brief to aid in the just disposition of the above cause.

WHEREFORE, the State of Texas respectfully requests that the deadline for

filing the State’s brief be extended to August 17, 2015.

Respectfully submitted,

ROSEMARY LEHMBERG

District Attorney

Travis County, Texas

/s/ Kathryn A. Scales

Kathryn A. Scales

Assistant District Attorney

State Bar No. 00789128

P.O. Box 1748

Austin, Texas 78767

(512) 854-9400

Fax No. 854-4810

Kathryn.Scales@traviscountytx.gov

AppellateTCDA@traviscountytx.gov
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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

362 words, excluding words contained in those parts of the 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/ Kathryn A. Scales

Kathryn A. Scales

Assistant District Attorney

CERTIFICATE OF SERVICE

I hereby certify that, on the 15th day of July, 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, Paul Evans,

Attorney at Law, 811 Nueces Street, Austin, Texas 78701-2215,

[paulmatthewevans@hotmail.com] .

/s/ Kathryn A. Scales

Kathryn A. Scales

Assistant District Attorney