AP-77,040
FILED IN
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
Transmitted 6/17/2015 3:30:10 PM
June 17,2015 Accepted 6/17/2015 3:35:01 PM
ABEL ACOSTA
CAUSE NO. AP-77,040
ABELACOSTA, CLERK CLERK
*
CEDRIC ALLEN RICKS IN THE COURT OF
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Appellant
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CRIMINAL APPEALS
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THE STATE OF TEXAS *
IN AUSTIN, TEXAS
Appellee
THIRD MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S BRIEF
COMES NOW, CEDRIC ALLEN RICKS, Appellant, by and through his attorney,
MARY B. THORNTON, and files this his Third Motion for Extension of Time to File
Appellant's Brief in the above styled and numbered cause requesting an additional
thirty-three (33) days and in support of his motion would show this Honorable Court as
follows:
Appellant was reindicted for the offense of capital murder in cause number
1361004R on February 28,2014. His case was assigned to the 371st Judicial District
Court in Tarrant County, Texas. Appellant pleaded not guilty before a jury on May 5,
2014. On May 7,2014, the jury found Appellant guilty of the offense as charged in the
State's indictment. On May 16,2014, the jury answered Special Issue No. 1 "yes," and
Special Issue No. 2 "no." As a result the trial court sentenced Appellant to Death as
required by law.
Pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure Appellant's
brief was originally due to be filed in this Honorable Court on Tuesday, January 20,
2015. Two motions for extension of time have been requested by Appellant and
granted by this Honorable Court for approximately five months, rendering Appellant's
brief due on Monday, April 20, 2015, and Wednesday, June 17, 2015.
IV.
Because of other cases, counsel for Appellant has not had sufficient time to
prepare Appellant's brief in the above styled and numbered cause. In addition to
counsel's appellate practice, counsel has a busy trial practice as well. Since April 20,
2015, the day of counsel's Second Motion for Extension, counsel has been in court
twenty week days. From April the 21st through April the 23rd, 2015, counsel attended
a capital murder seminar in Piano, Texas. From May 25, 2015, through June 3,2015,
counsel was on vacation which had been planned for nine months.
Counsel has also been preparing for trial in cause number 1368762D presently
pending in the 213th Judicial District Court in Tarrant County, Texas styled The State of
Texas v Sherman Peter Williams. Sherman's case was set for trial on Monday, June 8,
2015. Sherman is indicted for the offense of causing serious bodily injury to a family
member with the use or exhibition of a deadly weapon, to wit: a knife. Counsel learned
on Friday, June 5, 2015, that Sherman's case would likely not be reached. However,
counsel and her investigator spent the afternoon with Sherman in an attempt to
negotiate a plea bargain agreement. Counsel and her investigator are still working on
his case to bring this about.
Appellant's brief will contain at least twenty points of error. Counsel is in the
process of researching and writing those points of error. Counsel has had a few new
appointments over the past six weeks that need to be addressed. This morning when
counsel entered her law office, which she owns, the roof in one of the other offices was
leaking due to the excessive rain over the past couple of months. Counsel has spent
the entire day dealing with this situation.
Therefore, counsel for Appellant requests this third extension of time for thirty-
three (33) days not for purposes of delay but because it is necessary in order to render
Appellant his constitutionally mandated effective assistance of counsel pursuant to the
Sixth and Fourteenth Amendments to the U.S. Const, and art. 1, sec. 9 of the Tex.
Const.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this
Honorable Court grant his Third Motion for Extension of Time to File Appellant's brief
in the above styled and numbered cause for thirty (30) days and extend the deadline
for filing Appellant's brief to Monday, July 20, 2015.
Respectfully submitted,
/s/Mary B. Thornton
MARY B. THORNTON
Attorney for Appellant
3901 Race Street
Fort Worth, Texas 76111
Telephone No.: (817) 759-0400
Telecopier No.: (817) 831-3002
Email: marybrabson01@gmail.com
State Bar #19713700
CERTIFICATE OF SERVICE
I hereby certify that on the 17th day of June, 2015, a true and correct copy of the
above motion was eserved to the Hon. Debra Windsor, Chief of the Tarrant County
Criminal District Attorney's Office Post Conviction, Tim Curry Criminal Justice Center,
Fourth Floor, 401 West Belknap, Fort Worth, Texas, 76196, at
COAAppellateAlerts@tarrantcounty.com.
/s/Mary B. Thornton
MARY B. THORNTON
Ricks, Cedric Allen
Combined Opinion