Nos. 05-15-01027-CR

Brandon Donya Hughes § In the Court of Appeals 

v. § for the Fifth District 

The State of Texas § of Texas at Dallas 

STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

 The State of Texas, by and through the Criminal District Attorney of Dallas 

County, respectfully requests that the Court extend the time for filing the State’s brief. 

In support of this motion, the State shows the following: 

1.

A grand jury indicted Appellant for the murder of Lahomer Anderson. Tex. 

Penal Code Ann. § 19.02 (West 2011). (CR:9). Appellant elected to have a jury trial, 

which began August 18, 2015. (RR3:15; CR 79). The jury found Appellant guilty and 

sentenced him to life imprisonment in the Texas Department of Criminal Justice–

Institutional Division. (RR4:133; RR5:133, 135; CR:79-80). Appellant filed a timely 

notice of appeal. (CR:82). 

2.

Appellant filed his brief on November 5, 2015. The State’s brief is due on 

Saturday, December 5, 2015. This is the State’s first request for an extension of time. 

This case has not yet been set for submission. 

ACCEPTED

05-15-01027-CR

FIFTH COURT OF APPEALS

DALLAS, TEXAS

12/4/2015 10:00:53 AM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 12/4/2015 10:00:53 AM LISA MATZ Clerk
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3.

The undersigned counsel was assigned to this appeal on November 5, 2015. 

Since September 30, 2015, Counsel was assigned to respond to the appellant’s brief in 

Taylor v. State, appellate cause number 05-15-00567-CR, with the State’s brief due on 

October 23, 2015. Counsel filed an motion for extension of time to file brief on 

October 22, 2015 and that motion was granted with a due date of November 22, 

2015. Counsel filed a brief in that cause number on November 18, 2015. Since 

October 30, 2015, counsel began work on Hernandez v. State, appellate cause number 

05-15-00198-CR, with the State’s brief due on October 24, 2015. The appellate 

division was not served a copy of the brief filed in this cause number and did not 

become aware of the filing until October 29, 2015. Counsel requested and received an 

extension to file until November 23, 2015 and subsequently filed a brief in that cause 

number on November 18, 2015. Counsel also missed some workdays during the week 

of November 9, 2015 due to illness.

In addition to his briefing responsibilities, counsel also has performed other 

duties required of his job, such as providing trial support to trial prosecutors, 

performing research for senior attorneys, and assisting trial courts with abatements of 

pending appeals.
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For all the foregoing reasons, counsel respectfully asks the Court to extend the 

deadline for filing the State’s brief until Monday, January 4, 2016.

Respectfully submitted,

/s/ Rhys Carson

Rhys Carson (SBN 24092227)

Assistant District Attorney

Frank Crowley Courts Building

133 N. Riverfront Blvd., LB-19

Dallas, Texas 75207-4399

214-653-3625

214-653-3643 (fax)

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion was served on R. Scott 

Walker, counsel for Appellant, by electronic service through eFileTexas.gov on 

December 4, 2015.

/s/ Rhys Carson

Rhys Carson