Michael Dan Allen Johnson v. State ( 2015 )

ACCEPTED
05-14-00714-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
7/8/2015 3:26:59 PM
LISA MATZ
CLERK
In the Court of Appeals for the
Fifth District of Texas at Dallas
FILED IN
5th COURT OF APPEALS
Michael Dan Allen Johnson, § DALLAS, TEXAS
Appellant § 7/8/2015 3:26:59 PM
§ Nos. 05-14-00713-CRLISA MATZ
v. § 05-14-00714-CR Clerk
§ 05-14-00715-CR
The State of Texas, §
Appellee
State’s Motion to Set and Extend Appellate Deadlines
COMES NOW, the State of Texas, by and through the Criminal District
Attorney of Collin County, Greg Willis, pursuant to Texas Rules of Appellate
Procedure 10.5(b) and 38.6(d), and requests that the Court set and extend the
State’s deadline for filing its brief in the above cases until August 5, 2015. In
support of this motion, the State would show the following:
I.
In a trial before the court, Appellant was convicted of
Aggravated Kidnapping
05-14-00713-CR / 366-81546-2013
Possession/Promotion of Child Pornography
05-14-00714-CR / 366-81547-2013
Aggravated Sexual Assault of a Child
05-14-00715-CR / 366-81548-2013
1
II.
On June 1, 2015, Appellant’s counsel filed a brief that listed all of the above
appellate numbers. On June 5, 2015, this Court issued an order stating that the
brief only applied to cause number 05-14-00713-CR and that Appellant was
“effectively without a brief in cause number 05-14-00714-CR and 05-14-00715-
CR.” As to these latter two cause numbers, the Court ordered Appellant’s counsel
to file, within thirty days, a motion to dismiss the appeals, a brief raising issues on
the merits, or Anders motions.
In the meantime, the State’s brief in appellate number 05-14-00713-CR was
due to be filed on July 1, 2015. On that day, counsel for the State filed an
extension motion requesting a thirty-day extension of time to file its brief on or
before July 31, 2105, which this Court granted.
On July 6, 2015, Appellant’s counsel filed separate briefs in each of the
three cases above, consisting of new briefs on the merits in appellate numbers 05-
14-00714-CR and 05-14-00715-CR, and an amended brief in appellate number 05-
14-00713-CR, which included a new point of error.
To date, the Court’s website reflects that the State’s briefs in appellate
numbers 05-14-00714-CR and 05-14-00715-CR were due July 1, 2015, and that
the State’s brief in appellate number 05-14-00713-CR is due July 31, 2015.
2
III.
All three of Appellant’s cases were part of the same criminal episode, and
the State prosecuted all three cases in a single trial before the court. One of
Appellant’s issues is the same in all three briefs. The State wishes to address all of
Appellant’s claims in one brief and respectfully requests that the State’s due dates
in all three cases be the same. Because Appellant’s counsel filed two new briefs
and one amended brief on July 6, 2015, the State requests that its due dates in all
three cases be extended to thirty days after Appellant’s counsel’s most recent
filings, until August 5, 2015.
IV.
WHEREFORE, premises considered, the State respectfully requests that the
Court grant the State’s motion to set and extend the appellate deadlines in the
above cases until August 5, 2015.
Respectfully submitted,
Greg Willis
Criminal District Attorney
Collin County, Texas
John R. Rolater, Jr.
Chief of the Appellate Division
Asst. District Attorney
/s/ Libby J. Lange
Libby J. Lange
3
Asst. District Attorney
State Bar No. 11910100
2100 Bloomdale Rd., Suite 200
McKinney, Texas 75071
(972) 548-4373
FAX (214) 491-4860
Certificate Of Conference
Opposing counsel has no opposition to the State having until August 5, 2015,
to file its briefs in these three cases.
/s/ Libby J. Lange
Libby J. Lange
Certificate of Service
The State has e-served counsel for Appellant, Hannah Stroud, and sent a
courtesy copy of the State’s Motion to Set and Extend Appellate Deadlines to
hstroud@philipsandepperson.com on this the 8th day of July, 2015.
/s/ Libby J. Lange
Libby J. Lange