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

AT AUSTIN

NO. 01-14-00345-CR

IN THE COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS

AT HOUSTON

BRANDON DERRAIL EVANS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

MOTION FOR SECOND EXTENSION OF TIME TO FILE

APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FILED IN

COURT OF CRIMINAL APPEALS

October 7, 2015

ABEL ACOSTA, 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 Appellant
TO 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 of the 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 of a Firearm by a Felon. A jury found

Evans guilty as charged. Punishment was assessed at confinement for five years in

the Texas Department of Criminal Justice, Correctional Institutions Division. Evans

gave timely notice of appeal.

2. On appeal Evans challenged the sufficiency of the 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 of Appeals affirmed the judgment of the 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 of time 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 of time on matters relating

to an Intoxication Manslaughter case, State ofTexas v. Darcie Spillers, in the 405th

District Court of Galveston 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 of the 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, right before the extended due date

for the petition, working with another attorney on a civil appeal in the United States

Court of Appeals 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 of Appeals err in its interpretation and application of the

"affirmative links" concept in holding that the evidence, was sufficient?

This is essentially a question of interpreting the law, particularlythe balance between

"links" which are shown and those which are not, rather than a question of the state

ofthe evidence in the particular case.

Wherefore Evans prays that the time for filing a petition for discretionary

review in this cause be extended to 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 Appellant
CERTIFICATE 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 District Attorney's Office

Appellate Division

Attention: Rebecca Klaren

600 59th Street

Galveston, TX 77551

Hon. Lisa C. McMinn

State Prosecuting Attorney

P.O. Box 13046

Austin, TX 78711-3046

/s/ Winston E. Cochran, Jr.

Winston E. Cochran, Jr.