David Garcia Reyes v. State ( 2015 )

ACCEPTED
06-14-00228-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/13/2015 9:27:12 AM
DEBBIE AUTREY
CLERK
NO. 06-14-00228-CR
FILED IN
6th COURT OF APPEALS
DAVID GARCIA REYES, § COURT OF APPEALS
TEXARKANA, TEXAS
APPELLANT § 7/13/2015 9:27:12 AM
§ IN THE SIXTH DISTRICT
DEBBIE AUTREY
v. § Clerk
§ OF TEXAS AT DALLAS
THE STATE OF TEXAS, §
APPELLEE §
STATE’S SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the State of Texas, through the Criminal District Attorney of
Dallas County, and respectfully requests that this Court extend the deadline for
filing of the State’s Brief. See Tex. R. App. P. 38.6(d). In support of this Motion,
the State would show the Court the following:
I.
On November 7, 2014, a jury found appellant guilty of sexual assault of a
child and sentenced him to fifteen years’ confinement.
II.
Appellant filed his brief on appeal on May 13, 2015. Under Rule 38.6 of the
Texas Rules of Appellate Procedure, the State’s brief was due June 12, 2015. This
Court granted the State’s first motion for extension, setting the new deadline to
State’s Second Motion for Extension of Time to File Brief 1
July 13, 2015. The State now seeks a fourteen-day extension of the deadline for
the filing of its brief, setting the new deadline to July 27, 2015.
III.
There is a reasonable explanation for the State’s need for an extension.
Counsel was unable to complete the State’s brief before the original deadline
because of her busy docket on post-conviction applications for writs of habeas
corpus as well as a deadline in an accelerated appeal (Dillard v. State, No. 05-15-
00488-CR). Since the deadline for the State’s brief was first extended, the
undersigned counsel has filed responses to nine more post-conviction applications
for writs of habeas corpus, along with proposed findings on each writ. Counsel has
also spent time beginning its investigation into claims of ineffective assistance and
actual innocence in two post-conviction habeas applications that are currently
pending. Finally, counsel was assigned in early July to review and edit the written
work of another attorney in the appellate division of the Dallas County District
Attorney’s Office. Counsel spent the majority of the past week on this assignment.
For the foregoing reasons, additional time is necessary for the preparation
and filing of the State’s brief on this matter.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that the filing deadline for the State’s brief be extended to July 27, 2015.
State’s Second Motion for Extension of Time to File Brief 2
Respectfully submitted,
/s/ Grace E. Shin
Susan Hawk Grace E. Shin
Criminal District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 24033062
Frank Crowley Courts Bldg.
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3631
(214) 653-3643 fax
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion has been served on
appellant’s attorney, Kathleen Walsh, via eFile at
Kathleen.Walsh@dallascounty.org on July 13, 2015.
/s/ Grace E. Shin
_______________________
Grace E. Shin
State’s Second Motion for Extension of Time to File Brief 3