NO. PD-0710-17

ELIZABETH ANN GARRELS § 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 JUDGES OF THE COURT OF CRIMINAL 

APPEALS:

COMES NOW the State of Texas, by the undersigned assistant district 

attorney, 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 intoxicated, and 

she filed an application for a writ of habeas corpus, arguing 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

CLERK

 FILED COURT OF CRIMINAL APPEALS 11/10/2017 DEANA WILLIAMSON, CLERK 
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4. The appellant filed his brief in this Court on October 10, 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 extension 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 issues 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 Nadra 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 

intoxication 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.
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THEREFORE, the State requests an extension of time to file its brief until 

December 11, 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 appellant, 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