Dacious Parker v. State ( 2015 )

ACCEPTED 03-15-00369-CR 7657475 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/3/2015 12:15:48 PM JEFFREY D. KYLE CLERK NO. 03-15-00369-CR FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 11/3/2015 12:15:48 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk DACIOUS PARKER Appellant V. THE STATE OF TEXAS, Appellee APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF Appeal from the District Court of Travis County, Texas 167th Judicial District Criminal Action No. D-1-DC-12-600094 Honorable P. David Wahlberg, Judge Presiding RICHARD D. REED Lead Counsel for Appellant 316 W. 12th Street Suite 313 Austin, Texas 78701-1820 Telephone No. 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100 NO. 03-15-00369-CR IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS DACIOUS PARKER Appellant V. THE STATE OF TEXAS, Appellee APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE COURT OF APPEALS: NOW COMES Appellant Dacious Parker, by and through his attorney of record, Richard D. Reed, and, pursuant to the provisions of Rule 10.5(b), Texas Rules of Appellate Procedure, respectfully moves the Court to extend the time to file Appellant’s brief. In support of such motion, Appellant would show unto the Court as follows: I. The deadline for filing Appellant’s brief is November 6, 2015. II. Appellant is seeking an extension of thirty-one days. III. Appellant needs an extension of time to file Appellant’s brief because Appellant’s counsel has had to spend most of his time during the past thirty days attending to other criminal cases to which he has been judicially appointed or assigned. As a result, Appellant’s counsel has not had sufficient time to review the record, complete the necessary legal research, and prepare Appellant’s brief. IV. No previous extension to file Appellant’s brief has been sought or granted. WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that the Court grant this motion and extend the time for filing Appellant’s brief to December 7, 2015. Respectfully submitted, ______________________________ RICHARD D. REED Lead Counsel for Appellant 316 W. 12th Street Suite 313 Austin, Texas 78701-1820 Telephone No. 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100 Appellant’s First Motion for Extension of Time to File Brief Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Rosemary Lehmberg, District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email address: rosemary.lehmberg@traviscountytx.gov. I further hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Aurora Salina Perez, Assistant District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email address: aurora.perez@traviscountytx.gov. I further hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Michael Scott Taliaferro, Assistant District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email addresses: scott.taliaferro@traviscountytx.gov and appellatetcda@traviscountytx.gov. I further hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Lisa C. McMinn, State Prosecuting Attorney, whose address is 209 West 14th Street, Austin, Texas 78701-1614, by electronically delivering a copy of the said petition to the following email address: lisa.mcminn@spa.texas.gov. ______________________________ Richard D. Reed Appellant’s First Motion for Extension of Time to File Brief Page 3 of 3