ACCEPTED
05-14-01251-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
1/22/2015 9:51:28 PM
LISA MATZ
CLERK
NO. 05-14-01251-CR
FILED IN
5th COURT OF APPEALS
LAVANDRA RUSHING § IN THE COURT OF APPEALS
DALLAS, TEXAS
1/22/2015 9:51:28 PM
V. § FOR THE FIFTH DISTRICT
LISA MATZ
Clerk
STATE OF TEXAS § OF TEXAS AT DALLAS
MOTION FOR AN EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, Lavandra Rushing, Appellant in the above named
cause number, by and through his duly appointed attorney on appeal, and
requests that this Court extend the time for filing Appellant’s brief from
Janurary 22, 2015 to February 21, 2015.
I.
On September 25, 2014, Appellant was pled true to the State’s Motion
to Adjudicate and was convicted in the 363rd Judicial District Court in
Dallas County, Texas of Abandoning a Child With Intent to Return. (CR:
65). The trial court assessed punishment at 18 months’ imprisonment. (CR:
65).
II.
The due date for Appellant’s Brief is January 22, 2015.
III.
Appellant requests an extension of time of thirty (30) days in which to
file his Brief. No previous extension of time has been requested by
Appellant or granted to Appellant.
IV.
Appellant submits that a reasonable explanation exists for this
requested extension. Appellant relies on the following facts to reasonably
explain why the brief has not yet been prepared and the need for an
extension of time in which to file Appellant’s Brief:
(1) The undersigned attorney filed a brief in cause 08-14-00209-CR
styled Danielle Ann Lozano v. State of Texas, pending in the 8th
District Court of Appeals, El Paso, Texas on November 26, 2014.
(2) The undersigned attorney filed a brief in cause number 05-14-
00554-CR & 05-14-00555-CR styled Jarmal Deon Speed v. State of
Texas, pending in the 5th District Court of Appeals, Dallas, Texas on
December 12, 2014.
(3) The undersigned attorney filed a brief in cause number 05-14-
00486-CR styled Jose Maya v. State of Texas, pending in the 5th
District Court of Appeals, Dallas, Texas on December 31, 2014.
(4) The undersigned attorney filed a petition for discretionary review
in cause number PD-1541-14 styled Leonardo Geronimo Renteria
Sanchez v. State of Texas, pending in the Texas Court of Criminal
Appeals, Austin, Texas on December 18, 2014.
(5) The undersigned attorney is preparing a brief in cause number
05-13-01710-CR styled Errington Charles Hatch, Jr. v. State of
Texas, pending in the 5th District Court of Appeals, Dallas, Texas.
V.
This Motion is not brought for purposes of delay but so that the
appellate record can be read and evaluated, and so that the legal and factual
issues presented by the appellate record can be properly briefed and
presented to this Court on Appellant’s behalf.
WHEREFORE, Appellant requests this Court extend Appellant’s
deadline to file its brief to February 21, 2015.
Respectfully submitted,
/s/ Nanette Hendrickson
Lynn Pride Richardson Nanette Hendrickson
Chief Public Defender Assistant Public Defender
Dallas County, TX Texas State Bar No. 24081423
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-2
Dallas, Texas 75207-4399
(214) 653-3582 (phone)
(214) 653-3539 (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing brief was served on the
Dallas County Criminal District Attorney’s Office (Appellate Division), 133
N. Riverfront Blvd., B-19, 10th Floor, Dallas, Texas, 75207, by hand
delivery and electronic delivery to Lisa Smith at
DCDAAppeals@dallascounty.org on January 22, 2015.
/s/ Nanette Hendrickson
Nanette Hendrickson