Jarvis Demoan Fisher v. State ( 2015 )


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  •                                                                                                 ACCEPTED
    06-14-00231-CR
    SIXTH COURT OF APPEALS
    TEXARKANA, TEXAS
    5/28/2015 3:59:49 PM
    DEBBIE AUTREY
    CLERK
    NO. 06-14-00231-CR
    FILED IN
    6th COURT OF APPEALS
    JARVIS DEMOAN FISHER                       §        IN THE COURT   OF APPEALS
    TEXARKANA,    TEXAS
    vs.                                        §          FOR THE5/28/2015
    SIXTH 3:59:49
    DISTRICT
    PM
    DEBBIE AUTREY
    THE STATE OF TEXAS                         §        OF TEXAS AT TEXARKANA
    Clerk
    STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
    TO THE HONORABLE COURT OF APPEALS:
    THE STATE OF TEXAS, by and through the Criminal District Attorney of
    Dallas County, respectfully requests that the time for filing the State’s brief be
    extended. See TEX. R. APP. P. 38.6(d). In support of this motion, the State would
    show the following:
    Appellant, Jarvis Demoan Fisher, waived his right to a jury trial and entered
    a non-negotiated plea of guilty to the offense of aggravated sexual assault of a
    child younger than 14 years of age. The trial court accepted appellant’s plea, found
    him guilty of the charged offense, and assessed punishment at 15 years’
    imprisonment. Appellant filed his brief on appeal on April 30, 2015. The State’s
    brief is due, under Rule 38.6(b) of the Texas Rules of Appellate Procedure, on
    May 30, 2015. This case has not yet been set for submission.
    The undersigned attorney is a part-time employee of the Dallas County
    District Attorney’s Office and works approximately 20 hours per week. Since
    appellant filed his brief in this case, counsel has prepared and filed the State’s brief
    in Cody Tyler Jones v. The State of Texas, No. 05-14-01431-CR. Counsel has also
    prepared and filed a letter brief addressing the appellate court’s jurisdiction in Gary
    Wayne Barnes Sr. v. The State of Texas, Nos. 05-15-00006-CR through 05-15-00009-
    CR.
    In addition to her briefing docket, counsel is responsible for investigating
    and responding to requests for post-conviction forensic DNA testing filed under
    Chapter 64 of the Texas Code of Criminal Procedure. Counsel is also responsible
    for supervising several other attorneys in this office who respond to requests under
    Chapter 64. Counsel maintains and manages a docket of approximately 21 active
    DNA cases, including three cases that are currently in some phase of testing. Since
    appellant filed his brief in this case, counsel has prepared and filed the State’s
    responses to requests for post-conviction DNA testing in two cases: The State of
    Texas v. James Albert Mays, No. F10-56110-I; and The State of Texas v. William Lee
    Brothers, Nos. F05-36241-U, F05-36242-U, F05-36259-U, F05-36260-U, F05-
    36261-U, and F05-36262-U. Counsel has also drafted proposed findings and
    represented the State at an article 64.04 hearing on the results of post-conviction
    DNA testing in The State of Texas v. Leroy King, No. F89-98369-T. In addition,
    counsel has performed a host of other duties in connection with her supervisory
    responsibilities, including reviewing and interpreting DNA test results,
    2
    communicating with the lab and investigators, reviewing and editing responses
    and proposed orders, and managing and updating the docket of pending cases. In
    the coming weeks, counsel is responsible for filing responses to requests for post-
    conviction DNA testing in The State of Texas v. Gary Wayne Barnes Sr., Nos. F80-
    16530-J, F81-01027-J, and F81-01105-J; and The State of Texas v. Samuel Hunter,
    No. F02-71430-T.
    In addition to the above tasks, counsel has been called upon several times in
    the past 30 days to review and edit briefs and other documents drafted by
    attorneys in this office. Most recently, counsel reviewed and extensively edited a
    brief prepared by a newly hired attorney in the appellate division. Finally, on a
    personal note, counsel has a family vacation scheduled for June 21-26.
    Due to the undersigned attorney’s existing docket and other pressing
    responsibilities, the State requests an extension of 30 days, or until June 29, 2015.
    No previous extensions have been requested by or granted to the State in this case.
    WHEREFORE, PREMISES CONSIDERED, the State respectfully asks
    that the time for filing the State’s brief be extended to June 29, 2015.
    3
    Respectfully submitted,
    /s/ Johanna H. Kubalak
    Johanna H. Kubalak
    Assistant District Attorney
    State Bar No. 24014297
    Frank Crowley Courts Bldg.
    133 N. Riverfront Blvd., LB-19
    Dallas, Texas 75207-4399
    (214) 653-3639
    (214) 653-3643 fax
    Anna.Kubalak@dallascounty.org
    CERTIFICATE OF SERVICE
    I hereby certify that a true copy of the foregoing State’s motion for extension
    of time to file brief has been served on Riann C. Moore, attorney for appellant, via
    electronic delivery to Riann.Moore@dallascounty.org on May 28, 2015.
    /s/ Johanna H. Kubalak
    Johanna H. Kubalak
    4
    

Document Info

Docket Number: 06-14-00231-CR

Filed Date: 5/28/2015

Precedential Status: Precedential

Modified Date: 9/29/2016