WR-82,736-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/5/2015 4:17:50 PM
NO. 9402JD-HC-1 Accepted 8/6/2015 8:31:03 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
OF THE STATE OF TEXAS RECEIVED
COURT OF CRIMINAL APPEALS
8/6/2015
ABEL ACOSTA, CLERK
EX PARTE FREDERICK D. ERVIN , APPLICANT
************************************************************************************
APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 9402JD-HC-1 FROM THE lA
JUDICIAL DISTRICT COURT OF JASPER COUNTY, TEXAS
*************************************************************************************
STATE'S MOTION FOR EXTENSION OF TIME TO COMPLY WITH APRIL 15,2015 , PER
CURIAM ORDER OF THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS
*************************************************************************************
STEVEN M. HOLLIS CRIMINAL
DISTRICT ATTORNEY JASPER
COUNTY, TEXAS
SBN : 09882750
ANNE PICKLE
ASSISTANT CRIMINAL DISTRICT ATTORNEY
JASPER COUNTY, TEXAS
SBN: 00791445
9402JD-HC-1
IN THE COU RT OF CRIMINAL
APPEALS OF THE STATE OF TEXAS
EX PARTE FRE DERICK D. ERV IN , A PPLICAN T
************************************************************************************
*
STATE'S MOTION FOR EXTENSION OF TIME TO COMPLY WITH THE APRIL 15, 2015, ORDER OF
THE COURT OF CRIMINAL APPEALS, STATE OF TEXAS
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The State of Texas, by and through the Criminal District Attorney for Jasper County, Texas,
respectfully presents its Motion for Extension of time to compl y with this Court's April 15, 2015 ,
Order. The State of Texas respectfully shows as follows:
I.
On Aprill5, 2015, thi s Court issued an Order directing the Trial Court to order App licant' s trial
counsel to respond to Applicant's ineffective assistance of counsel claim. This Court further ordered the
Trial Court to make findings of fact and conclusions of law as to whether trial counsel's conduct was
deficient, and , if so, whether Applicant was prejudiced. This Court further provided that the Application
would be held in abeyance until the trial court resolved the fact issues, which was to be done within 90
days of April 15 , 2015. A supplemental transcript was to be provided to this Court within 120 days of
Apri l 15,2015 .
II.
An order was prepared and filed directing Applicant' s trial attorney to prepare and file an affidavit
responding to App licant's allegations. Applicant's attorney did prepare and file such an affidavit, but a copy
of the affidavit was not provided to the District Attorney ' s office. The District Attorney's office only
became aware of the filing of the affidavit on August 5, 2015 . The State therefore requests a th irty (30) day
extension of time for preparation of the Findings of Fact and Conclusions of Law, and for Supplementation
ofthe Clerk' s record.
III.
The request for extens ion of time is not made for the purpose of delay, but so that justice may
be served and for the purpose of proper compliance with this Court's order.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion
be granted. The State of Texas prays for any relief to which it may be entitled.
Respectfully submitted,
STEVEN M. HOLLIS
CRIMINAL DISTRICT ATTORNEY
SBN : 09882750
121 N. Austin, Room 101
Jasper, Texas 75951
(U:lt
(409) 384-4362
Anne Pickle
Assi stant Criminal District Attorney
SBN: 00791445
CERTIFICATE OF SERVICE
L
I hereby certify that on August 5, 2015, a true and correct copy of the above and forgoing Motion
for Extension of Time was served by U.S. Mail, on Respondent here. Frederick D. Ervin, ID #
01223326, Connally Unh, 899 FM 632, Kenedy, Texas 78~
------------------------------
Anne Pickle
Ervin, Frederick D.
Combined Opinion