FILED IN PD-1496-14
COURT OF CRIMINALAPPEALS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 27, 2015 Transmitted 5/27/2015 4:02:23 PM
Accepted 5/27/2015 4:11:48 PM
ABELACOSTA,CLERK NO. PD-1496-14 ABEL ACOSTA
CLERK
COA NO. 02-11-00253-CR
~--c.A_ -t-D
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS {p- &- \ S'
fC
JOE DALE JOHNSON 5--~~-fJ
Appellant
vs.
THE STATE OF TEXAS
Appellee
UNOPPOSED FIRST MOTION BY APPELLANT TO
EXTEND TIME TO FILE HIS PRINCIPAL BRIEF ON THE MERITS
Now comes Joe Dale Johnson, appellant in the above-styled and numbered
cause, and moves this honorable Court to grant an extension of time to file
Appellant's brief. This motion is made according to Rules 38.6 and 10.5(b) of the
Texas Rules of Appellate Procedure and for good cause appellant shows the Court
< the following:
I.
The Appellant is currently incarcerated in the Texas Department of Criminal
Justice-Institutional Division for three consecutive life sentences .
. II.
No prior extensions have been requested or granted.
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III.
This case is on discretionary appeal from the Second Court of Appeals of Fort
Worth, Texas.
IV.
Appellant's Brief was due on May 22, 2015.
IV.
Appellant requests a thirty (30) day extension to file his brief. This will
extend the filing date until Sunday, June 21, 20.15.
v.
Appellant relies on the following facts as good cause for the requested
extension:
Counsel for Appellant, Jeff Eaves, has been involved m numerous cases,
including being retained on several first degree felony charges:
State v. Catlin Wayne Briscoe, 182-663-C, Wichita County, Texas (unindicted
case); Injury to Child Causing Death.
State v. Christopher Hernandez, 55,910-B, Wichita 8ounty, Texas
Unauthorized Possession of a Firearm by a Felon, TDJC# 01730212, Parole
Revocation.
State of Texas v. Robert Earl Collins, 182,323-C, (unindicted cases), Wichita
County, Criminal Conspiracy-Aggravated Promotion of Prostitution, Trafficking of
Persons, Aggravated Promotion of Prostitution, Compelling Prostitution.
State v. James Liberty, 54,838-A, Money Laundering Over $20,000 and under
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$100,000, on the trial docket of the 30th District Court for the month of April and
May, 2015.
State of Texas v. Ashley Calloway, 182,664-B, (unindicted case), Wichita
County, Texas, Injury to a Child involving Death.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this thirty (30) day extension of time until June 21, 2015.
Respectfully, submitted,
Jeff Eaves
Attorney at Law
900 8th St., Ste. 1030
Wichita Falls, Texas 76301
Telephone: (940) 322-2002
Facsimile: (940) 322-1001
eaveslaw@att.net
~ffEaves
State Bar 24045820
CERTIFICATE OF CONFERENCE
Prior to the filing of this motion, I personally conferred with First Assistant
District Attorney of Wichita County, John Gillespie, on May 27, 2015 and he did not
object to granting of this extension of time to file Appellant's Brief on the Merits.
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CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing was mailed AND hand-delivered
to Wichita County District Attorney's Office, Wichita County Courthouse, Wichita
Falls, Texas 76301 on 27th of May 2015.
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