Joseph Wayne Hunter v. State ( 2015 )

ACCEPTED
05-14-01146-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
5/27/2015 2:59:45 PM
LISA MATZ
CLERK
NO. 05-14-01146-CR
FILED IN
5th COURT OF APPEALS
JOSEPH WAYNE HUNTER § IN THE COURT OF APPEALS
DALLAS, TEXAS
5/27/2015 2:59:45 PM
VS. § FOR THE FIFTH DISTRICT
LISA MATZ
Clerk
THE STATE OF TEXAS § OF TEXAS AT DALLAS
ON APPEAL FROM THE
265TH JUDICAL DISTRICT COURT
OF DALLAS COUNTY, TEXAS
IN CAUSE NO. F13-56295-R
APPELLANT’S MOTION FOR LEAVE TO FILE APPELLANT’S BRIEF AND
MOTION TO LIFT ORDER OF ABATEMENT AND REINSTATE APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW the Appellant, Joseph Wayne Hunter, and respectfully
requests that the time for the filing of the Appellant’s brief in the above-styled and
-numbered cause be extended, that the brief tendered herewith be accepted by the
Court and filed instanter, and that the Court’s order of abatement issued May 19,
2015 be lifted and the appeal reinstated. In support of this motion the Appellant
would show the Court the following:
I.
Appellant was convicted of aggravated assault and was sentenced to 25
years’ imprisonment.
II.
The deadline for the filing of the Appellant’s brief was February 27, 2015.
Appellant respectfully requests an extension of time until May 27, 2015, and
further requests that the brief tendered to the Court herewith be accepted by the
Court and filed instanter.
III.
One previous extension of time has been granted.
IV.
The Appellant would show the Court that a reasonable explanation exists
for the requested extension:
Since the first extension was requested on January 29, 2015, the
undersigned attorney has filed briefs in 11 cases, and a PDR in 2 cases, to-wit:
Elizondo, No. 05-14-00535-CR, brief filed February 12, 2015; Nino, No. 05-14-
00787-CR, brief filed February 19, 2015; Jones, Nos. 05-14-01485-CR & 05-14-
01486-CR, brief filed February 26, 2015; Jones, No. 05-14-01487-CR, brief filed
February 26, 2015; Leatch, No. 05-14-01496-CR, brief filed March 6, 2015; Silva,
No. 05-14-00428-CR, brief filed March 13, 2015; Jackson, Nos. PD-00208-15 and
PD-00209-15, PDR filed March 23, 2015; Mikroberts, No. 05-14-00994-CR, brief
filed April 6, 2015; Rico, No. 05-14-00251-CR, brief filed April 22, 2015;
Jackson, No. 05-14-00297-CR, brief filed April 30, 2015; and Reyes, No. 06-14-
00228-CR, brief filed May 12, 2015.
The undersigned attorney further states that Appellant’s appeal was never
abandoned and that the brief was prepared as quickly as was possible, given the
undersigned attorney’s extensive caseload and briefing deadlines.
WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully
requests that the time for the filing of the Appellant’s brief be extended until May
27, 2015, that the brief tendered to the Court be accepted by the court and filed
instanter, and that the Court’s order of abatement issued May 19, 2015, be lifted
and the appeal reinstated.
Respectfully submitted,
/s/ Kathleen A. Walsh
Kathleen A. Walsh
Lynn Richardson Assistant Public Defender
Chief Public Defender State Bar No. 20802200
Dallas County Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-2
Dallas, TX. 75207-4399
(214) 653-3550 (telephone)
(214) 653-3539 (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing motion was served on the
Appellate Division of the Dallas County Criminal District Attorney’s Office, by
electronic delivery to DCDAAppeals@dallascounty.org on the 27th day of May,
2015,
/s/ Kathleen A. Walsh
Kathleen A. Walsh