Tillman, Wendi Ann ( 2015 )


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  •                                                                             WR-83,577-01
    COURT OF CRIMINAL APPEALS
    AUSTIN, TEXAS
    Transmitted 7/14/2015 1:33:32 PM
    Accepted 7/15/2015 7:56:45 AM
    NO._______________________________                             ABEL ACOSTA
    CLERK
    IN THE                            RECEIVED
    COURT OF CRIMINAL APPEALS
    COURT OF CRIMINAL APPEALS                   7/15/2015
    ABEL ACOSTA, CLERK
    OF TEXAS
    EX PARTE WENDI ANN TILLMAN
    Applicant
    vs.
    THE STATE OF TEXAS
    Respondent
    ON APPLICATION FOR WRIT OF HABEAS CORPUS
    TH
    TO THE 368 JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY TEXAS
    NO.
    STATE’S MOTION FOR EXTENSION OF TIME
    Jana Duty
    District Attorney
    Williamson County, Texas
    John C. Prezas
    State Bar No: 24041722
    Assistant District Attorney
    405 Martin Luther King, Box 1
    Georgetown, Texas 78626
    (512) 943-1234
    (512) 943-1255 (fax)
    jprezas@wilco.org
    NOW COMES THE STATE OF TEXAS, by and through her Assistant
    District Attorney, John C. Prezas, and moves the Court, pursuant to Article 11.07
    of the Texas Code of Criminal Procedure and Tex. R. App. Pro. 73.5, to allow the
    parties additional time to investigate and submit proposed findings of fact and
    conclusions of law, as well as any supporting affidavits or documentation to the
    trial court. In support of its motion, the State would show the Court the following:
    1. Wendi Ann Tillman (hereinafter “Applicant”) filed an application for a writ of
    habeas corpus in cause 06-1062-K368 in the 368th Judicial District Court in
    Williamson County Texas, the trial court, on February 17, 2015.
    2. The State filed its answer in that cause on February 27, 2015.
    3. The trial court entered an Order Designating Issues on March 3, 2015.
    4. Applicant filed her proposed findings of fact and conclusions of law on May 12,
    2015.
    5. The State recently submitted a motion for additional time to the trial court,
    seeking an order granting the parties until September 26, 2015, to submit
    proposed findings of fact and conclusions of law, as well as any supporting
    affidavits or documentation, on or before July 14, 2015.
    6. That proposed due date falls outside of the 180 day time period contemplated
    by Tex. R. App. Pro. 73.5. Therefore, the State has filed this motion in hopes
    that this Court will allow for the additional time it has requested from the trial
    court to obtain affidavits responsive to the issues designated by the trial court.
    7. The State intends to use the additional time to obtain affidavits from Mr. Greg
    Terra, Mr. Dario Bargas, and Ms. Amber Hinson, the attorneys who represented
    applicant at various stages of the case and whom she argues have rendered her
    ineffective assistance of counsel.
    8. Mr. Prezas has corresponded extensively with Mr. Terra and knows Mr. Terra
    to be preparing an affidavit currently. Mr. Terra has asked for additional time
    to do so.
    9. Mr. Prezas has also corresponded with Mr. Bargas who is currently reviewing
    his file regarding this matter. Mr. Prezas recently learned of Ms. Hinson’s
    involvement and is seeking further information from her as well.
    10. Mr. Prezas believes these additional affidavits and additional information will
    significantly assist the trial court in evaluating applicant’s claims and resolving
    the issues it has designated.
    WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully
    requests that this Court grant its motion for an additional time to provide these
    affidavits and information related thereto to the trial court and designate some date
    after September 26, 2015, by which the trial court must provide to this Court its
    findings of fact and conclusions of law.
    Respectfully submitted,
    Jana Duty
    District Attorney
    Williamson County, Texas
    /s/ John C. Prezas
    John C. Prezas
    Assistant District Attorney
    State Bar Number 24041722
    405 Martin Luther King #1
    Georgetown, Texas 78626
    (512) 943-1248
    (512) 943-1255 (fax)
    jprezas@wilco.org
    Certificate of Service
    This is to certify that on July 14, 2015, a copy of the foregoing motion has
    been sent to Appellant by certified mail to Wendi A. Tillman at the following
    address: William P. Hobby Unit, 742 FM 712, Marlin, TX 76661.
    /s/ John C. Prezas
    John C. Prezas
    

Document Info

Docket Number: WR-83,577-01

Filed Date: 7/15/2015

Precedential Status: Precedential

Modified Date: 9/29/2016