ACCEPTED
05-15-00862-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
10/1/2015 9:52:35 PM
LISA MATZ
CLERK
No. 05-15-00862-CR
IN THE COURT OF APPEALS FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
FOR THE FIFTH DISTRICT OF TEXAS10/1/2015 9:52:35 PM
LISA MATZ
Clerk
DALLAS
DAVID SHAWN FOTHERGILL, Appellant
vs.
THE STATE OF TEXAS, Appellee
THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S
BRIEF AND MOTION TO REINSTATE APPEALLANT'S BRIEF
TO THE HONORABLE JUSTICES OF THE FIFTH DISTRICT COURT OF
APPEALS:
Comes Now David Shawn Fothergill, the Appellant in the above styled and
numbered cause, pursuant to Rules 10.5(b) and 38.6(d), Texas Rules of Appellate
Procedure and files his motion requesting an extension of time to file the
Appellant's Brief; motion to reinstate Appellant's Brief; and would show the Court
as follows:
I.
On June 25, 2015, the Appellant was denied Post- Trial DNA testing by the
15TH District Court, Grayson County, Texas, in Cause No. 063259. On July 16,
2015, Appellant filed Notice of Appeal regarding the Denial of Post-Trial DNA
Testing.
II.
The Reporter's Record was filed in this court on July 30, 2015, and Exhibits
were filed on July 30, 2015. The Clerk's Records was filed in this court on July 28,
2015. The Appellant's brief was due to be filed on September 23, 2015.
The Appellant filed his first request for an extension of time on August 28,
2015, that was grant and ordered the brief due on September 15, 2015.
The Appellant filed his second request for an extension of time on
September 15, 2015, the Court granted the request and ordered the brief due on
September 23, 2015.
III.
On September 30, 2015, the court entered an order abating the appeal. It
further ordered the trial court to conduct a hearing within 30 days from the date of
this order.
The Appellant requests that this Honorable Court reinstate this appeal
without the necessity of a hearing. Attached to this motion, please find Appellant's
brief.
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IV.
Appellant requests this Court to grant this motion for an extension and to
simultaneously reinstate the appeal.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Honorable Court extend the time for filing Appellant's brief in this cause until
October 1, 2015.
Respectfully submitted,
WYNNE & SMITH
707 W. Washington
P. 0 . Box 2228
Shennan, TX 75090
Telephone: (903) 893-8177
Fax: (903) 892-0916
LsLlob H1mt~r Smith
by John Hunter Smith
State Bar No. 24028393
LAW OFFICE OF KRISTIN R. BROWN, PLLC
18208 Preston Road, Suite D9375
Dallas, Texas 75252
Telephone: (214) 446-3909
Fax: (214) 481-4868
KRISTIN R. BROWN
State Bar No. 24081458
ATTORNEYS FOR APPELLANT
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CERTIFICATE OF CONFERENCE
On October 1, 2015, counsel for Appellate conferred with the attorney for
the State, Assistant District Attorney Karla Hackett, of the Grayson County District
Attorney's Office. Ms. Hackett states that she is not opposed to the motion.
Kristin R. Brown
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Motion for
Extension of Time to File Appellant's Brief and Motion to Reinstate Appellant's
Brief was served upon the attorney for the State on October 1, 2015.
Kristil?!t::=
Attorney for Appellate
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