Court of Civil Appeals of Texas, 2015

Carlos Bernard Smith v. State

Court of Civil Appeals of Texas · Decided November 4, 2015

Opinion

ACCEPTED 04-15-00122-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/4/2015 10:38:09 AM KEITH HOTTLE CLERK NO. 04-15-00122-CR CARLOS BERNARD SMITH § IN THE FOURTH DISTRICT FILED IN 4th COURT OF APPEALS § SAN ANTONIO, TEXAS § 11/04/15 10:38:09 AM VS. § COURT OF APPEALS KEITH E. HOTTLE § Clerk § STATE OF TEXAS § SAN ANTONIO, TEXAS

MOTION FOR LEAVE TO FILE LATE STATE’S BRIEF TO THE HONORABLE JUDGES OF THE FOURT COURT OF APPEALS:

NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of Bexar County and Counsel for the State of Texas, and files this Motion asking that the Court grant leave for the State to file a late brief.

Appellant was found guilty by a jury of murder and sentenced to 40 years on February 13, 2015. The notice of appeal was timely filed on February 24, 2015. The reporter’s record was filed on March 16, 2015 and the clerk’s record was filed on June 15, 2015. Appellant filed his brief on July 14, 2015. The State filed its brief late on November 4, 2015.

On October 26, 2015, the Court granted the State’s third motion for extension of time to file the State’s brief, giving the State until October 29, 2015 to file its brief. Unfortunately, counsel for the State made an improper assumption that the Court granted a 30 day extension. As a result of this mistake, counsel

1 of 3 focused on a brief in Joshua Bradley v. State, 13-15-00153-CR , that was due in the Thirteenth Court of Appeals on November 2, 2015, instead of finishing the brief in the instant case. As an officer of the court, counsel for the State assures the Court that this was not a conscious, purposeful disregard of the Court’s order.

Counsel apologizes sincerely for this mistake and asks the Court to please accept the State’s late brief.

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays that the Court grant leave for the State to file its late brief and that the Court considers the State’s brief on review.

Respectfully submitted, Nicholas “Nico” LaHood Criminal District Attorney Bexar County, Texas /s/ Lauren A. Scott Lauren A. Scott State Bar No. 24066843 Assistant Criminal District Attorney W. Nueva Street San Antonio, Texas 78205-3030 Phone: (210) 335-2885 Email: [email protected]

2 of 3 CERTIFICATE OF SERVICE I, Lauren A. Scott, Assistant District Attorney, Bexar County, Texas, certify that a copy of the foregoing motion was delivered by e-file e-service to James Oltersdorf, attorney for appellant, on November 4, 2015.

_/s/ Lauren A. Scott Lauren A. Scott State Bar No. 24066843 Assistant Criminal District Attorney W. Nueva Street San Antonio, Texas 78205-3030 Phone: (210) 335-2885 Email: [email protected]

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