ACCEPTED
05-14-01308-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
3/26/2015 10:37:25 AM
LISA MATZ
CLERK
NO. 05-14-01308-CR
NO. 05-14-01309-CR
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
GERARDO § IN THE COURT OF3/26/2015
APPEALS 10:37:25 AM
DE LACRUZ LISA MATZ
Clerk
V. § FOR THE FIFTH DISTRICT
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, Gerardo De LaCruz, Appellant in the above
named cause numbers, by and through his duly appointed attorney on
appeal, and requests that this Court extend the time for filing Appellant’s
brief from March 28, 2015 to April 27, 2015.
I.
In trial case number F12-22418, on September 18, 2014, Appellant
was pled not guilty to the indictment and was convicted by a jury in the
265th Judicial District Court in Dallas County, Texas of Indecency with a
Child by Contact. (CR1: 751). The jury assessed punishment at 12 years’
imprisonment. (CR1: 75). Appellant subsequently filed a timely notice of
appeal. (CR1: 89-90).
1
CR1 refers to the District Court Clerk’s record in F12-22418.
In trial case number F13-21654-R, on September 18, 2014, Appellant
pled not guilty to the indictment and was convicted by a jury in the 265th
Judicial District Court in Dallas County, Texas of Indecency with a Child by
Contact. (CR2: 392). The jury assessed punishment at 12 years’
imprisonment. (CR2: 39). Appellant subsequently filed a timely notice of
appeal. (CR2: 37-38).
II.
The due date for Appellant’s Brief is March 28, 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.
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 petition for discretionary review
in cause number PD-1541-14 styled Leonardo Geronimo Renteria
2
CR2 refers to the District Court Clerk’s record in F13-21654.
Sanchez v. State of Texas on December 18, 2014 pending in the Texas
Court of Criminal Appeals, Austin, Texas.
(2) The undersigned attorney filed a brief in cause number 05-13-
01710-CR styled Errington Charles Hatch v. State of Texas on
January 31, 2015 pending in the 5th District Court of Appeals, Dallas,
Texas.
(3) The undersigned attorney filed a brief in cause number 08-14-
00208-CR styled Danielle Lozono v. State of Texas on February 17,
2015 pending in the 8th District Court of Appeals, El Paso, Texas.
(4) The undersigned attorney filed a brief in cause number 05-14-
00447/00448/00449/00450/00451-CR styled Chason Matthew Oden
v. State of Texas on February 20, 2015 pending in the 5th District
Court of Appeals, Dallas, Texas.
(5) The undersigned attorney filed a brief on March 4, 2015 in cause
number 05-14-00720-CR styled Raymond Edwards III v. State of
Texas pending in the 5th District Court of Appeals, Dallas, Texas.
(6) The undersigned attorney filed a brief in cause numbers 05-14-
00331/00332/00333/00334-CR styled Neko Boykin v. State of Texas
on March 13, 2015 pending in the 5th District Court of Appeals,
Dallas, Texas.
(7) The undersigned attorney filed a brief in cause numbers 05-14-
00101-CR styled Natalio Juarez, Jr. v. State of Texas on March 20,
2015 pending in the 5th District Court of Appeals, Dallas, Texas.
(8) The undersigned attorney is preparing a brief in cause numbers 05-
14-01050-CR styled Ronnie Creig Wilson 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 April 27, 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 motion 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 service at DCDAAppeals@dallascounty.org
on March 26, 2015.
/s/ Nanette Hendrickson
Nanette Hendrickson
Gerardo DeLaCruz v. State
Combined Opinion