/ WR-83,663-01
COURT OF CRIMINAL APPEALS
b# Wll-40634-K(A)
AUSTIN, TEXAS
Transmitted 7/27/2015 10:19:43 AM
Accepted 7/29/2015 8:22:47 AM
ABEL ACOSTA
CLERK
EX PARTE § IN THE COURT (Heceived
COURT OF CRIMINAL APPEALS
NICKI COLIN WILLIAMS § CRIMINAL Af|[E^l0T1A5CLERK
§ AUSTIN, TEXAS
MOTION FOR EXTENSION OF TIME TO DISPOSE OF ARTICLE 11.07 APPLICATION
FOR WRIT OF HABEAS CORPUS
Pursuant to rule 73.5 ofthe appellate rules of procedure, the Presiding Judge
ofthe Criminal District Court No. 4 of Dallas County, Texas, moves for an extension of
time to dispose ofthe article 11.07 application for habeas relief in the instant cause.
The following is presented in support of the request:
(1) Case History
Pursuant to a plea agreement, applicant pleaded guilty to the offense of
continuous sexual abuse of a child and was sentenced to twenty-five years'
confinement in the Institutional Division of the Texas Department of Criminal Justice.
Applicant did not appeal his conviction.
This is first application for habeas relief under article 11.07 in this cause.
The instant application was filed on February 27, 2015 and received by the
State on March 4,2015. On April 6,2015, this Court designated applicant's ineffective
assistance ground for further investigation. Under rule 73.5, this Court's 180-day
deadline for disposing of these grounds is Monday, August 31, 2015. Tex. R. App.
Proc. 73.5.
(2) Basis for Extension Request
The Court set this cause for a hearing on July 24, 2015. The hearing did not
proceed as scheduled, however, because trial defense counsel refused to testify.The
Court appointed her counsel to determine iftrial counsel has cause to invoke a Fifth
Amendment right not to testify.
The Court has rescheduled the hearing for September 2015 to allow trial
counsel to consult with her attorney and to accommodate the schedules of the
attorneys representing the applicant and the State.
Rule 73.5 permits an extension ifrequested before the expiration of the Court's
deadline. Id. Pursuant to that provision, the Court requests an additional 60 days to
dispose of applicant's claims. This will extend the Court's deadline to Friday, October
30, 2015.
Respectful
final District Court No. 4
Dallas County, Texas