Clezel Montague Mughni v. State

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