David Garcia Reyes v. State

ACCEPTED 06-14-00228-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/15/2015 9:24:00 AM DEBBIE AUTREY CLERK NO. 06-14-00228-CR FILED IN 6th COURT OF APPEALS DAVID GARCIA REYES, § COURT OF APPEALS TEXARKANA, TEXAS APPELLANT § 6/15/2015 9:24:00 AM § IN THE SIXTH DISTRICT DEBBIE AUTREY v. § Clerk § OF TEXAS AT DALLAS THE STATE OF TEXAS, § APPELLEE § STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE COURT OF APPEALS: COMES NOW the State of Texas, through the Criminal District Attorney of Dallas County, and respectfully requests that this Court extend the deadline for filing of the State’s Brief. See Tex. R. App. P. 38.6(d). In support of this Motion, the State would show the Court the following: I. On November 7, 2014, a jury found appellant guilty of sexual assault of a child and sentenced him to fifteen years’ confinement. II. Appellant filed his brief on appeal on May 13, 2015. Under Rule 38.6 of the Texas Rules of Appellate Procedure, the State’s brief was due June 12, 2015. The State requests a thirty-day extension of time to file its brief, setting the new deadline to July 12, 2015. State’s First Motion for Extension of Time to File Brief 1 III. No prior extension has been granted to the State in this case. IV. There is a reasonable explanation for the State’s need for an extension. Since receiving appellant’s brief, the undersigned counsel has filed responses to thirteen post-conviction applications for writs of habeas corpus, along with proposed findings on each writ. Counsel also represented the State in a hearing on a post-conviction application for writ of habeas corpus that involved a claim of ineffective assistance (Ex parte Carlos Rodriguez, W14-30634-W(A)). Finally, counsel was recently assigned to an accelerated appeal in which the State’s brief is due June 16, 2015 (Dillard v. State, No. 05-15-00488-CR). For these reasons, additional time is necessary for the preparation and filing of the State’s brief on this matter. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that the filing deadline for the State’s brief be extended to July 12, 2015. State’s First Motion for Extension of Time to File Brief 2 Respectfully submitted, /s/ Grace E. Shin Susan Hawk Grace E. Shin Criminal District Attorney Assistant District Attorney Dallas County, Texas State Bar No. 24033062 Frank Crowley Courts Bldg. 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207-4399 (214) 653-3631 (214) 653-3643 fax CERTIFICATE OF SERVICE I hereby certify that a true copy of this Motion has been served on appellant’s attorney, Kathleen Walsh, via eFile at bordiway@sualaw.com on on June 15, 2015. /s/ Grace E. Shin _______________________ Grace E. Shin State’s First Motion for Extension of Time to File Brief 3