                                                                                                   ACCEPTED
                                                                                                01-15-00421-cr
                                                                                    FIRST COURT OF APPEALS
                                                                                            HOUSTON, TEXAS
                                                                                         11/20/2015 1:09:16 PM
                                                                                         CHRISTOPHER PRINE
                                                                                                        CLERK

                                  No.01-15-00421-CR

                                          In the                            FILED IN
                                    Court of Appeals                 1st COURT OF APPEALS
                                                                         HOUSTON, TEXAS
                                         For the                     11/20/2015 1:09:16 PM
                             First Judicial District of Texas        CHRISTOPHER A. PRINE
                                       At Houston                             Clerk


                              

                                     No. 1314602
                             In the 339th District Court of
                                 Harris County, Texas

                              

                                   ALBERT LYNCH
                                      Appellant
                                         v.
                                 THE STATE OF TEXAS
                                       Appellee

                              

                 STATE’S MOTION FOR EXTENSION OF TIME
                    IN WHICH TO FILE APPELLATE BRIEF

                              

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

       COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.1(a)

and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for

extension of time in which to file the State’s brief in this case, and, in support thereof,

presents the following:
1. In the 339th District Court of Harris County, Texas, in The State of Texas v.

   Eric Samuel Tucker, Cause Number 1314602, appellant was charged with and

   found guilty of capital murder.

2. Appellant was sentenced to incarceration for life.

3. The State’s brief was due on November 20, 2015.

5. An extension of time in which to file the State’s brief is requested until

   December 21, 2015.

6. No previous extension has been requested by the State.

7. The facts relied upon to explain the need for this extension are:

   a) The undersigned attorney was assigned this case on November 2, 2015.

   b) Since assigned this case, the undersigned attorney has completed the State’s

      brief in the following cases:

      i) Cause number 14-14-01008-CR, Mary Koul v. The State of Texas;

      ii) and Cause numbers 01-15-00324-CR and 01-15-00325-CR, Astin Chavers

          Clark v. The State of Texas.

   c) The undersigned attorney is currently engaged in the preparation of the

      State’s brief in the following appellate cause numbers:

      (1) Cause Number 01-14-00885-CR, Abner Washington v. The State of Texas;

      (2) Cause Number 14-15-00595-CR, Ricardo Martinez v. The State of Texas;

      (3) Cause Number 14-15-00167-CR, Carl Dion Lovings v. The State of Texas;
          (4) and Cause Number 01-15-00274-CR, Eric Samuel Tucker v. The State of

             Texas.

WHEREFORE, the State prays that this Court will grant an extension of time until

December 21, 2015 in which to file the State’s brief in this case.

                                                       Respectfully submitted,

                                                       /s/                         Carly Dessauer
                                                       ________________________________________________________________________________________________________________________________________________________________________________________________________________________________




                                                       CARLY DESSAUER
                                                       Assistant District Attorney
                                                       Harris County, Texas
                                                       1201 Franklin, Suite 600
                                                       Houston, Texas 77002
                                                       (713) 274-5826
                                                       State Bar No. 24069083
                                                       dessauer_carly@dao.hctx.net
                          CERTIFICATE OF SERVICE

      This is to certify that a copy of the foregoing instrument will be served to

appellant’s attorney on November 20, 2015 through TexFile:


Wendell A. Odom, Jr.
Attorney
440 Louisiana Street, Suite 200
Houston, Texas 77002
wendellodom@aol.com



                                                  /s/                          Carly Dessauer
                                                  ________________________________________________________________________________________________________________________________________________________________________________________________________________________________




                                                  CARLY DESSAUER
                                                  Assistant District Attorney
                                                  Harris County, Texas
                                                  1201 Franklin, Suite 600
                                                  Houston, Texas 77002
                                                  (713) 274-5826
                                                  State Bar No. 24069083
                                                  dessauer_carly@dao.hctx.net
                                                  curry_alan@dao.hctx.net
Date: November 20, 2015
