WR-83,577-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/14/2015 1:33:32 PM
Accepted 7/15/2015 7:56:45 AM
NO._______________________________ ABEL ACOSTA
CLERK
IN THE RECEIVED
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS 7/15/2015
ABEL ACOSTA, CLERK
OF TEXAS
EX PARTE WENDI ANN TILLMAN
Applicant
vs.
THE STATE OF TEXAS
Respondent
ON APPLICATION FOR WRIT OF HABEAS CORPUS
TH
TO THE 368 JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY TEXAS
NO.
STATE’S MOTION FOR EXTENSION OF TIME
Jana Duty
District Attorney
Williamson County, Texas
John C. Prezas
State Bar No: 24041722
Assistant District Attorney
405 Martin Luther King, Box 1
Georgetown, Texas 78626
(512) 943-1234
(512) 943-1255 (fax)
jprezas@wilco.org
NOW COMES THE STATE OF TEXAS, by and through her Assistant
District Attorney, John C. Prezas, and moves the Court, pursuant to Article 11.07
of the Texas Code of Criminal Procedure and Tex. R. App. Pro. 73.5, to allow the
parties additional time to investigate and submit proposed findings of fact and
conclusions of law, as well as any supporting affidavits or documentation to the
trial court. In support of its motion, the State would show the Court the following:
1. Wendi Ann Tillman (hereinafter “Applicant”) filed an application for a writ of
habeas corpus in cause 06-1062-K368 in the 368th Judicial District Court in
Williamson County Texas, the trial court, on February 17, 2015.
2. The State filed its answer in that cause on February 27, 2015.
3. The trial court entered an Order Designating Issues on March 3, 2015.
4. Applicant filed her proposed findings of fact and conclusions of law on May 12,
2015.
5. The State recently submitted a motion for additional time to the trial court,
seeking an order granting the parties until September 26, 2015, to submit
proposed findings of fact and conclusions of law, as well as any supporting
affidavits or documentation, on or before July 14, 2015.
6. That proposed due date falls outside of the 180 day time period contemplated
by Tex. R. App. Pro. 73.5. Therefore, the State has filed this motion in hopes
that this Court will allow for the additional time it has requested from the trial
court to obtain affidavits responsive to the issues designated by the trial court.
7. The State intends to use the additional time to obtain affidavits from Mr. Greg
Terra, Mr. Dario Bargas, and Ms. Amber Hinson, the attorneys who represented
applicant at various stages of the case and whom she argues have rendered her
ineffective assistance of counsel.
8. Mr. Prezas has corresponded extensively with Mr. Terra and knows Mr. Terra
to be preparing an affidavit currently. Mr. Terra has asked for additional time
to do so.
9. Mr. Prezas has also corresponded with Mr. Bargas who is currently reviewing
his file regarding this matter. Mr. Prezas recently learned of Ms. Hinson’s
involvement and is seeking further information from her as well.
10. Mr. Prezas believes these additional affidavits and additional information will
significantly assist the trial court in evaluating applicant’s claims and resolving
the issues it has designated.
WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully
requests that this Court grant its motion for an additional time to provide these
affidavits and information related thereto to the trial court and designate some date
after September 26, 2015, by which the trial court must provide to this Court its
findings of fact and conclusions of law.
Respectfully submitted,
Jana Duty
District Attorney
Williamson County, Texas
/s/ John C. Prezas
John C. Prezas
Assistant District Attorney
State Bar Number 24041722
405 Martin Luther King #1
Georgetown, Texas 78626
(512) 943-1248
(512) 943-1255 (fax)
jprezas@wilco.org
Certificate of Service
This is to certify that on July 14, 2015, a copy of the foregoing motion has
been sent to Appellant by certified mail to Wendi A. Tillman at the following
address: William P. Hobby Unit, 742 FM 712, Marlin, TX 76661.
/s/ John C. Prezas
John C. Prezas