ACCEPTED
05-15-00560-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
10/28/2015 5:19:39 PM
LISA MATZ
CLERK
NO. 05-15-00560-CR
T.C. No. F14-75905-J FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
10/28/2015 5:19:39 PM
LISA MATZ
CLEZEL MONTAGUE MUGHNI * FIFTH Clerk
Appellant * DISTRICT COURT
VS. * OF APPEALS
STATE OF TEXAS, * IN
Appellee * DALLAS, TEXAS
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, the Defendant in the above-styled and numbered
cause, by and through his attorney of record, and moves the Court to extend
the time for filing the Appellant's Brief, and in accordance with the appellate
rules, submits the following facts:
1. Trial Court: Criminal District Court Number 3
2. Date of appealable order: 04-22-2015
3. Cause number: F14-75905-J
4. Chanda Renee Kimbell vs. State of Texas
5. Offense for which Appellant was convicted: Capital Murder
6. Punishment assessed: Life confinement without the possibility of parole.
7. Date Motion for New Trial filed: 04-27-2015
8. Date Notice of Appeal filed: 04-27-2015
9. Deadline for filing Appellant's brief: 10-28-2015
10. Length of time requested for the extension: 30 days
11. The number of extensions of time which have been granted previously
regarding this item: 0
12. The facts relied upon to reasonably explain the need for an extension:
a. Counsel is going to be out of town October 30-November 2, 2015.
b. Counsel is writ master on a writ of habeas corpus, has held a hearing
and is preparing findings of fact and conclusions of law cause
numbers W02-74060 Q and W02-74062-Q.
c. Counsel is diligently working on Appellant’s brief in Robert Alex v.
State of Texas, Case Number 05-15-00539-CR, which is currently
overdue and the appeal has been abated for a hearing to be held
regarding the continued prosecution of such an appeal.
In addition, the undersigned counsel respectfully shows the Court that unless
this motion is granted, the Appellant will be denied the effective
assistance of counsel on appeal and any meaningful appeal as provided
by statute.
WHEREFORE, PREMISES CONSIDERED, the Appellant prays that
this Honorable Court will extend the time within which to file the
Appellant's Brief until the 27th November 2015.
Respectfully submitted,
/s/ Jennifer Balido
Jennifer Balido
3500 Maple Avenue, Suite 400
Dallas, TX 75219
214-845-7570
jbalido@aol.com
State Bar No. 10474880
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion was served on the office of
Craig Watkins, Criminal District Attorney for Dallas County, 133 N.
Riverfront Blvd., LB 19, Dallas, Texas 75207,
/s/ Jennifer Balido
Attorney for Appellant