NO. PD
- 0710
- 17 ELIZABETH ANN GARREL S § IN THE TEXAS COURT OF § V. § CRIMINAL APPEALS, § THE STATE OF TEXAS § AT AUSTIN, TEXAS

____________________________________________________ STATE’ S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

____________________________________________________ TO THE HONORABLE JU DGES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW the State of Texas, by the undersigned assistant d istrict

a ttorney, and moves the Court for an extension of time to file its appellate brief in the
above

- captioned case. The State would respectfully show the Court the following : 1. This is an appeal from a denial of pre - trial habeas corpus relief. The appellant is charged with the misdemeanor offense of driving while intoxica ted , and

s he filed an application for a writ of habeas corpus, argu ing that the prosecution violated the double jeopardy statute after the trial court granted a mistrial . The trial court signed an order denying habeas corpus relief on January 30, 2017

. 2. The Court of Appeals for the Ninth District affirmed the denial of habeas corpus relief in an opinion issued May 10, 2017

. 3. This Court granted the appellant’s petition for discretionary review on September 14, 2016. PD-0710-17 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 11/9/2017 4:55 PM Accepted 11/10/2017 9:51 AM DEANA WILLIAMSON

CLERK2 4

. T he appellant filed his brief in this Court on Octo ber 1 0, 2017

. 5

. The State’s brief is due to be filed on or before November 9 , 2017

. 6

. The State has not previously requested an extension of time to file its brief
in this case.
7

. The State hereby requests a thirty

- day exte nsion of time to file its brief,
until December 11 , 2017

. 8 . Good cause exists for the requested extension of time, for the following

reasons: In the past 30 days, the undersigned counsel for the State has been required to file the State’s brief in John William Miller v. The State of Texas , Cause No. 09

- 17

- 00053

- CR; the State’s motion to designate factual issue s for resolution in Ex Parte Charles Larocca Marino , Cause No. 13

- 10

- 10511

- CR

- (1); and the State’ s designation of issues in Ex Parte Nicole Na dra Baukus, Cause No.12

- 06

- 07085

- CR

- (1)

. Counsel is currently engaged in the completion of the State’s answer in Ex Parte Nicole Nadra Baukus , No. 12

- 06

- 07085

- CR (1) , an i ntoxication manslaughter case which has required extensive research and preparation. Further, the undersigned counsel is assigned to represent the State in Montgomery County ’s misdemeanor expunction cases, and has been required to attend to duties pursuant to that assignment. Consequently, counsel has not had sufficient time to prepare an adequate State’s brief in this case.3 THEREFORE, the State requests an extension of time to file its brief until
December 1 1 , 2017 , in this case.
Respectfully submitted,
BRETT W. LIGON District Attorney Montgomery County, Texas
/s/ Brent Chapell BRENT CHAPELL Assistant District Attorney Montgomery County, Texas S.B.T. No. 24087284 207 W. Phillips, Second Floor Conroe, Texas 77301 (936) 539

- 7800 (936) 788

- 8395 (fax) E

- mail:brent.chapell @mctx.org

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing motion is being served on counsel for the appella nt, Mr. Matthew J. DeLuca , by electronic mail, on this 9th day of November, 2017

. /s/ Brent Chapell BRENT CHAPELL Assistant District Attorney Montgomery County, Texas