PD-0723-15
PD-0723-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/12/2015 2:55:30 PM
Accepted 6/12/2015 3:28:50 PM
ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS
TROY SCOTT BURCIE, §
APPELLANT §
§
v. § NO. PD-_____-15
§
THE STATE OF TEXAS, §
APPELLEE §
FIRST MOTION FOR EXTENSION OF TIME FOR
FILING OF STATE’S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF APPEALS:
The State requests that the Court grant an extension of time for the
filing of the State’s petition for review in this case. Tex. R. App. P. 10.5(b)
& 68.2(c). The following allegations are made in support of this motion:
-I-
The court below is the Court of Appeals for the Eighth Court of
Appeals District of Texas. The style and cause number of the case in the
court of appeals is Troy Scott Burcie v. State, cause number
08-13-00212-CR. On May 14, 2015, the Eighth Court of Appeals reversed
Appellant’s felony DWI conviction in an unpublished opinion; Chief Justice
Ann C. McClure authored the opinion. No motion for rehearing was filed.
June 12, 2015
Motion for Extension of Time for Filing of State’s Brief
Page 2
The appeal initially arose out of proceedings in the 371st Judicial
District Court of Tarrant County, Texas. The style and number of the case
in the trial court is The State of Texas v. Troy Scott Burcie, cause number
1287926D.
- II -
Appellant was convicted of felony driving while intoxicated. He
received a two-year sentence and is not currently incarcerated.
- III -
The appeal was perfected in this case on July 1, 2013, the date
notice of appeal was filed.
- IV -
The current deadline for filing the State’s petition for discretionary
review is June 15, 2015. No extension has previously been sought
regarding the State’s petition.
-V-
The extension is not requested for purposes of delay, but rather to
adequately address the legal issues warranted by the decision of the court
of appeals.
Motion for Extension of Time for Filing of State’s Brief
Page 3
- VI -
Additionally, counsel has had the following other obligations which
have prevented her from filing the State’s petition. Before the Second
Court of Appeals, counsel filed the State’s brief in State of Texas v.
Raymond McClendon, cause number 02-15-00019-CR, arising out of
Criminal District Court No. 1 of Tarrant County. Also before that court,
counsel presented oral argument in Jeremy Aaron Bonsignore v. State,
cause number 02-14-00146-CR; counsel also filed a post-submission letter
brief of authorities. Counsel also reviewed a record and filed a notice of
appeal with that court in State v. Connie Torrez, cause number
02-15-00170-CR, appealing a pretrial order out of County Criminal Court
No. 1. Before this Court, counsel filed her State’s petition for discretionary
review in Joshua Ed Bowyer v. State, cause number PD-0412-15. Also,
counsel reviewed and researched a unique legal issue in an impending
motion to suppress in State v. David Lewis Lowery III, cause number
1399575 in County Criminal Court No. 7. Counsel also researched and
prepared the State’s arguments for a pretrial hearing in State v. Jerid
Dragna, cause number 1373703 in County Criminal Court No. 1. Counsel
Motion for Extension of Time for Filing of State’s Brief
Page 4
also reviewed a case and drafted indictment language in State v. Beth M.
Branum, a vehicular homicide which is currently unfiled.
Counsel was away from the office ill during May on two occasions.
Counsel was also away from the office late May and early June for more
than a week to travel out of town to attend her daughter’s college
commencement and, later, to move her daughter post-graduation.
Counsel also was away from the office on June 10, 2015, for City of Fort
Worth jury service. For all of these reasons, counsel requests an
additional 30 days in which to file the State’s petition.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays
that the Court grant this First Motion for Extension of Time for Filing the
State’s Petition for Discretionary Review and extend the time for filing of
the State’s petition for thirty days until July 15, 2015.
Respectfully submitted,
SHAREN WILSON
Criminal District Attorney
Tarrant County, Texas
DEBRA WINDSOR, Assistant
Criminal District Attorney
Chief, Post-Conviction
Motion for Extension of Time for Filing of State’s Brief
Page 5
/s/ Tanya S. Dohoney
TANYA S. DOHONEY, Assistant
Criminal District Attorney
State Bar No. 02760900
Tim Curry Criminal Justice Center
401 W. Belknap
Fort Worth, Texas 76196-0201
(817) 884-1687
FAX (817) 884-1672
CCAAppellateAlerts@TarrantCountytx.gov
CERTIFICATE OF SERVICE
A true copy of the State’s motion has been e-served on the Hon. Abe
Factor, lawfactor@yahoo.com, 5719 Airport Freeway, Fort Worth, Texas
76117 and to the State Prosecuting Attorney, the Hon. Lisa C. McMinn,
information@spa.texas.gov, P.O. Box 13046, Austin, Texas 78711 on this
12th day of June, 2015.
/s/ Tanya S. Dohoney
TANYA S. DOHONEY
H:\DOHONEY.D11\MOTIONS\061515 burcie 1x pdr.rtf