Dabney, Ronnie Leon ( 2015 )

PD-1514-14
FILED IN 'RT OF CRIMINAL APPEALS
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
ransmitted 6/2/2015 8:20:28 AM
June 2, 2015 Accepted 6/2/2015 9:01:32 AM
/ ABEL ACOSTA
ABEL ACOSTA, CLERK
NO. PD-1514-14
, * uW*
STATE OF TEXAS § IN THE COURT OF
§
VS. § CRIMINAL APPE
§
RONNIE DABNEY §
SECOND MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes RONNIE DABNEY, appellee in the above styled and numbered
cause, and moves for an extension of time of 8 days to file a brief and for good
cause shows the following:
1. This Court granted Appellant's The State of Texas Petition for
Discretionary Review. The brief in support of Appellant's petition was due 30
days thereafter. See Tex. R. App. Proc. 70.1. On or about May 1, 2015,
Appellee received a notice by electronic filing that Appellant's (The State of
Texas) had not been filed in a timely fashion. This caused confusion to counsel for
Appellee as he believed that the State's brief had been rejected for some reason.
Accordingly, Appellee's counsel was waiting for Appellant to submit another brief
before responding and filing Appellee's brief. The Court granted an extension to
June 1, 2015 to file the brief. However,
2. Additionally, Counsel has been unable to complete the brief for the
following reasons:
1. From March 23, 2015 to April 21, 2015, counsel with the
assistance of the Texas Lawyer's Assistance Program entered into an alcohol
rehabilitation facility in Austin, Texas. Counsel was out of the office until April
22,2015. After being gone for a month, counsel was way behind. Counsel has
had trial settings and contested hearings since his release from rehab.
Additionally, counsel was in trial from May 18, 2015 to May 28, 2015 on a
medical malpractice jury trial in the 78th District Court of Wichita County, Texas.
The trial required extensive pre-trial preparations.
3. Counsel filed the brief in the Court of Appeals in Fort Worth and
accordingly, has done a great deal of research on the issues before the Court.
Counsel is requesting until June 9, 2015 to file the brief on behalf of Appellee.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests an extension of 8 days, i.e. until June 9, 2015, to file a brief in support of
Petition for Discretionary Review.
Respectfully submitted,
Mark Barber, Attorney at Law
900 8th Street, Suite 116
Wichita Falls, TX 76301
Tel: (940) 761-3009
Fax:(940)761-4060
By:/s/ Mark H. Barber
Mark H. Barber
State Bar No. 01708050
Mbarberlaw@aol.com
Attorney for RONNIE DABNEY
CERTIFICATE OF SERVICE
This is to certify that on June 2, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Wichita
County, Texas, by electronic service through the Electronic Filing Manager.
Mark H. Barber
Mark H. Barber
CERTIFICATE OF CONFERENCE
This is to certify that on June 2, 2015,1 conferred with the Assistant District
Attorney who is handling the appeal for the State of Texas and he advised that he
is unopposed to this motion.
/s/MarkH. Barber