ACCEPTED
05-15-00470-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
11/9/2015 9:40:57 AM
LISA MATZ
CLERK
NO. 05-15-00470-CR
IN THE COURT OF APPEALS FILED IN
5th COURT OF APPEALS
FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS
AT DALLAS 11/9/2015 9:40:57 AM
________________________________ LISA MATZ
Clerk
EDWARD FRANK WILLIAMS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
________________________________
STATE’S MOTION TO EXTEND THE TIME TO FILE BRIEF AND TO
ACCEPT BRIEF TENDERED
________________________________
TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, by and through the Criminal District Attorney of
Dallas County, respectfully requests that the time for filing the State’s accompanying
brief in this cause be extended until November 9, 2015. In support of this motion, the
State would show the following:
I.
Appellant was charged by indictment in Cause No. F13-24143-I with aggravated
robbery with a deadly weapon. Appellant entered a guilty plea to the offense and also
entered pleas of true to two enhancement paragraphs. The jury found the Appellant
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guilty and assessed punishment at 75 years’ confinement in the Texas Department of
Criminal Justice, Institutional Division.
The Appellant’s brief was filed September 18, 2015. The State’s brief was due
on October 18, 2015. This case has not yet been set for submission. The State’s brief
is being submitted for filing with this motion.
II.
On October 30, 2015, Lori Ordiway, Chief of the Appellate Division of the
Dallas County District Attorney’s Office, conducted an audit of the direct appeals
pending in Dallas County. During the audit, Ms. Ordiway discovered that the State
had not filed a response to the Appellant’s brief in the instant cause. It appears that
while the Appellant’s brief was received by this office on September 23, 2015, it was
never entered into the appellate database used by the office. After discovering the
oversight, the instant cause was immediately assigned to undersigned counsel.
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III.
Accordingly, the State of Texas prays that this Court will grant the State an
extension of time for filing the State’s brief and order that the State’s brief be filed no
later than November 9, 2015.
Respectfully submitted,
/s/ Rebecca D. Ott
Susan Hawk Rebecca D. Ott
Criminal District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 24074842
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3829 (phone)
(214) 653-3643 (fax)
rebecca.ott@dallascounty.org
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing motion was served on Appellant’s
Counsel on Appeal, Thomas G. Pappas, Burleson Pate & Gibson, LLP, 900 Jackson
Street, Suite 330, Dallas, Texas 75202, by sending an electronic communication to
tpappas@bp-g.com on November 9, 2015.
/s/ Rebecca D. Ott
Rebecca D. Ott
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