A PPELLANT ’ S M OTION T O E XTEND T IME T O F ILE B RIEF P AGE 1 OF 4 CAUSE NO. 03

- 17

- 00324

- CR

LABESHA SHEDONNA

COVINGTON Appellant, § § § IN THE COURT OF APPEALS

§

V. § FOR THE THIRD DISTRICT §

THE STATE OF TEXAS Appellee. § § § AT AUSTIN , TEXAS

APPELLANT’S MOTION TO EXTEND

TIME TO FILE APPELLANT ’ S BRIEF

TO THE THIRD COURT OF APPEALS OF THE STATE OF TEXAS:

NOW COMES Appellant LASHEBA SHEDONNA COVINGTON

, by and

through her attorney of record, Aaron C. Seymour, in the above entitled and

numbered cause, and files this Appellant’s Motion to Extend Time to File

Appellant’s Brief

, and would show unto the Court the following:

I.

On the 3 rd day of May 2017, in the 35 th Judicial District Court of Mills County,

Texas in Cause No

. 3171

, entitled The State of Texas v. LASHEBA SHEDONNA

COVINGTON

, the Appellant was convi cted of the offense of Unlawful Possession

of Firearm by Felon

- Repeat and Habitual Offender , a 3 rd Degre e Felony, and

sentenced to twenty

- five (25 ) years in the Institutional Division of the Texas

Department of Criminal Justice

- TDCJ

. ACCEPTED
03-17-00324-CR

21281424
THIRD COURT OF APPEALS

AUSTIN, TEXAS
12/13/2017 10:54 PM

JEFFREY D. KYLE

CLERKA PPELLANT ’ S M OTION T O E XTEND T IME T O F ILE B RIEF P AGE 2 OF 4 II.

That on the 3 rd day of May 2017, and within the time required by the Texas

Rules of Appellate Procedure Appellant filed her written Notice of Appeal to the

Court of Appeals for the 3 rd District at Austin

, Texas. The Record on Appeal was

filed on the 16 th day of May 2 017. Accordingly, Appellant’s Brief in t his case was

due to be filed on the 27 th day of September 2017.

III.

On November 29 , 2017, Counsel filed a motion requesting an additional

fourteen ( 14 ) days to file Appellant’s Brief . Appellant’s motion was gran ted and the

deadline for submission was extended to December 13, 2017.

V.

Appellant now requests an additional extension

. The facts relied upon to

reasonably explain the need for an ex tension of time are as follows:

1

. T he record in this matter contains several DVDs admitted into evidence

that c o u n s e l f

o r t h e a p p e l l a n t c o u l d n o t r e v i e w

. D u r i n g t h e p a s t t w o w e e k s
, b oth the

co urt reporter and the district attorney’s office have offered their assistance in

resolving th i s i s s u e

. A n d

, w i t h t h e u s e o f a d d i t i o n a l s o f t w a r e
, counsel h a s b e e n a b l e

t o r e v i e w State’s Exhibit 1 c o n t a i n i n g D P S i n

- c a r r e c o r d i n g s

.

2

. D espite working dili gently with assistance from the court reporter and the

district attorney’s office, counsel is still unable to gain access to DVDs marked asA PPELLANT ’ S M OTION T O E XTEND T IME T O F ILE B RIEF P AGE 3 OF 4

State’s Exhibits 2, 3, and 11, which are audio/visual recordings of the DPS vehicle

search, DPS interviews, and the in

- car video from a Mills County Sheriff’s

Department vehicle

, r e s p e c t i v e l y

.

3. Again, these DVDs were admitted into evidence at the Appellant’s trial . It

is also clear from the written record that the audio/video evidence on the DVDs

played a significant ro le in the Court’s denial of the motion to suppress and in

reaching i t ’ s verdict. Re view of the aforementioned e xhibits is necessary to finish

Appellant’s Brief and to properly represent the A ppellant on appeal.

WHEREFORE, PREMISES CONSIDERED, Appellant reques ts t his

Appellant’s Motion to Extend Time to File Appellant’s Brief be GRANTED

, that

the Court extend the time for the f i l i n g d e a d l i n e until December 29, 2017 , and for

such o ther and fur ther relief to which Appellant may be entitled or shall ever pray.

Respectfully submitted,

T HE L AW O FFICE OF
A ARON C. S EYMOUR , PLLC

311 N. Center Ave. , Ste. 107 Brownwood, Texas 76801 Tel: (325) 805

- 4848 Fax: (325) 805

- 4854

By: Aaron C. Seymour

State Bar No. 24094943 aaron@seymour

- lawoffice.com Attorney for the AppellantA PPELLANT ’ S M OTION T O E XTEND T IME T O F ILE B RIEF P AGE 4 OF 4 CERTIFICATE OF SERVICE

This is to certify that on D e c e m b e r 1 3 , 2017 a true and correct copy of the foregoing document was sent to the 35 th District Attorney’s Office in Brownwood, Texas by electronic filing manager.

Aaron C. Sey mour Attorney for the Appellant