NO. PD-1133-15 PD-1133-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/6/2015 4:54:57 PM Accepted 10/7/2015 4:19:54 PM ABEL ACOSTA CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS
ATAUSTIN

NO. 01-14-00345-CR IN THE COURT OFAPPEALS FOR THE FIRSTDISTRICT OF TEXAS
ATHOUSTON

BRANDON DERRAIL EVANS, APPELLANT

V. THE STATE OF TEXAS, APPELLEE

MOTION FOR SECOND EXTENSION OF TIME TO FILE APPELLANT'S PETITION FOR DISCRETIONARYREVIEW

FILED IN COURT OF CRIMINALAPPEALS October 7, 2015 ABELACOSTA, CLERK Winston E. Cochran, Jr. Attorney at Law Texas Bar No. 04457300 P.O. Box 2945 League City, TX 77574 

### Tel. (713) 228-0264 E-mail:winstoncochran@comcast.net Counsel for AppellantTO THE COURT OF CRIMINAL APPEALS OF TEXAS: 

### COMES NOW the appellant, Brandon Derrail Evans (hereinafter "Evans"), 

### through the undersigned counsel, and respectfully requests that this Court grant a second, 30-day extension ofthe time to file a petition for discretionary review of the decision in this cause by the Court of Appeals for the First District of Texas, for

reasons set forth as follows. 

### 1. Evans was indicted for Possession ofa Firearm by a Felon. Ajury found Evans guilty as charged. Punishment was assessed at confinement for five years in 

### the Texas Department ofCriminal Justice, Correctional Institutions Division. Evans gave timely notice ofappeal. 

### 2. On appeal Evans challenged the sufficiency ofthe evidence to show that he knowingly possessed a firearm which was located on the floor of a vehicle in 

### which he was seated. The issue essentially was a question as to how the "affirmative links" doctrine applied. The Court ofAppeals affirmed the judgment ofthe district court on July 30, 2015. 3. This Court granted an extension oftime to file the petition for discretionary 

### review until September 30, 2015. Evans requests a second extension oftime to file the petition until October 30, 2015. 4. The reasons for the requested second extension are as follows: 

### (A) Since September 1, 2015, when the first extension request was filed, the

### undersigned counsel spent an unexpectedly large amount oftime on matters relating 

### to an Intoxication Manslaughter case, State ofTexas v. Darcie Spillers, in the 405th District Court ofGalveston County, Texas. First, on September 3, 2015, counsel had to go to Jefferson County, Texas, where Spillers was arrested for a DWI case, filed 

### while Spillers was on bond. The next day counsel had to go into the 405th District Court for a brief hearing to determine whether a bond revocation hearing would be set. Then a hearing on the bond revocation motion was conducted on September 11, 2015. Another pretrial hearing on various motions was conducted on September 18, 

### 2015, with final settlement efforts failing when the prosecutor raised the plea offer. Jury selection occurred on Monday, September 21, 2015, and the trial then lasted until the middle ofthe day on Friday, October 2, 2015. Every evening during trial was spent on preparation for the next day. (B) Counsel also had to spend a few hours, rightbefore the extended due date for the petition, working with another attorney on a civil appeal in the United States 

### Court ofAppeals for the Fifth Circuit, as the other attorney is not a Fifth Circuit member and had to have the undersigned counsel's assistance. 

### (C) The undersigned counsel also is seeking a second extension on another case, AndrewDemond Haynes v. State,until October 21, 2015. Counsel needs a little extra time to work on this case after the Haynes petition is completed.

### 5. The issue which Evans intends to present in his petition will be the 

### following question, or a similarly worded question: Did the Court ofAppeals err in its interpretation and application ofthe "affirmative links" concept in holding that the evidence,was sufficient? 

### This is essentially a question ofinterpreting the law, particularlythe balance between "links" which are shown and those which are not, rather than a question ofthe state ofthe evidence in the particular case. 

### Wherefore Evans prays that the time for filing a petition for discretionary review in this cause be extendedto October 30, 2015. Respectfully submitted, /s/ Winston E. Cochran, Jr. Winston E. Cochran, Jr. Attorney at Law Texas Bar No. 04457300 P.O. Box 2945 

### League City, TX 77574 Tel. (713) 228-0264 

### E-mail:winstoncochran@comcast.net Counsel for AppellantCERTIFICATE OF SERVICE 

### I certify that copies ofthis petition have been served on counsel for the State electronically or by mail at the followingaddresses on October 6, 2015: Galveston County DistrictAttorney's Office Appellate Division Attention: Rebecca Klaren 600 59th Street Galveston, TX 77551 Hon. Lisa C. McMinn State ProsecutingAttorney P.O. Box 13046 Austin, TX 78711-3046

/s/ Winston E. Cochran, Jr. Winston E. Cochran, Jr.