David Garcia Reyes v. State ( 2015 )

ACCEPTED
06-14-00228-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/15/2015 9:24:00 AM
DEBBIE AUTREY
CLERK
NO. 06-14-00228-CR
FILED IN
6th COURT OF APPEALS
DAVID GARCIA REYES, § COURT OF APPEALS
TEXARKANA, TEXAS
APPELLANT § 6/15/2015 9:24:00 AM
§ IN THE SIXTH DISTRICT
DEBBIE AUTREY
v. § Clerk
§ OF TEXAS AT DALLAS
THE STATE OF TEXAS, §
APPELLEE §
STATE’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the State of Texas, through the Criminal District Attorney of
Dallas County, and respectfully requests that this Court extend the deadline for
filing of the State’s Brief. See Tex. R. App. P. 38.6(d). In support of this Motion,
the State would show the Court the following:
I.
On November 7, 2014, a jury found appellant guilty of sexual assault of a
child and sentenced him to fifteen years’ confinement.
II.
Appellant filed his brief on appeal on May 13, 2015. Under Rule 38.6 of the
Texas Rules of Appellate Procedure, the State’s brief was due June 12, 2015. The
State requests a thirty-day extension of time to file its brief, setting the new
deadline to July 12, 2015.
State’s First Motion for Extension of Time to File Brief 1
III.
No prior extension has been granted to the State in this case.
IV.
There is a reasonable explanation for the State’s need for an extension.
Since receiving appellant’s brief, the undersigned counsel has filed responses to
thirteen post-conviction applications for writs of habeas corpus, along with
proposed findings on each writ. Counsel also represented the State in a hearing on
a post-conviction application for writ of habeas corpus that involved a claim of
ineffective assistance (Ex parte Carlos Rodriguez, W14-30634-W(A)). Finally,
counsel was recently assigned to an accelerated appeal in which the State’s brief is
due June 16, 2015 (Dillard v. State, No. 05-15-00488-CR). For these reasons,
additional time is necessary for the preparation and filing of the State’s brief on
this matter.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that the filing deadline for the State’s brief be extended to July 12, 2015.
State’s First Motion for Extension of Time to File Brief 2
Respectfully submitted,
/s/ Grace E. Shin
Susan Hawk Grace E. Shin
Criminal District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 24033062
Frank Crowley Courts Bldg.
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3631
(214) 653-3643 fax
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion has been served on
appellant’s attorney, Kathleen Walsh, via eFile at bordiway@sualaw.com on on
June 15, 2015.
/s/ Grace E. Shin
_______________________
Grace E. Shin
State’s First Motion for Extension of Time to File Brief 3