Dacious Parker v. State

ACCEPTED 03-15-00369-CR 8116189 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/7/2015 1:30:49 PM JEFFREY D. KYLE NO. 03-15-00369-CR CLERK IN THE COURT OF APPEALS FILED IN FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS 12/7/2015 1:30:49 PM JEFFREY D. KYLE Clerk DACIOUS PARKER Appellant V. THE STATE OF TEXAS, Appellee APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF Appeal from the District Court of Travis County, Texas 167th Judicial District Criminal Action No. D-1-DC-12-600094 Honorable P. David Wahlberg, Judge Presiding RICHARD D. REED Lead Counsel for Appellant 316 W. 12th Street Suite 313 Austin, Texas 78701-1820 Telephone No. 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100 NO. 03-15-00369-CR IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS DACIOUS PARKER Appellant V. THE STATE OF TEXAS, Appellee APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE COURT OF APPEALS: NOW COMES Appellant Dacious Parker, by and through his attorney of record, Richard D. Reed, and, pursuant to the provisions of Rule 10.5(b), Texas Rules of Appellate Procedure, respectfully moves the Court to extend the time to file Appellant’s brief. In support of such motion, Appellant would show unto the Court as follows: I. The deadline for filing Appellant’s brief is December 7, 2015. II. Appellant is seeking an extension of thirty days. III. Appellant needs an extension of time to file Appellant’s brief because Appellant’s counsel has had to spend most of his time during the past thirty days attending to other criminal cases to which he has been judicially appointed or assigned. As a result, Appellant’s counsel has not had sufficient time to finish his preparation of Appellant’s brief. IV. One previous extension to file Appellant’s brief has been sought and granted. WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that the Court grant this motion and extend the time for filing Appellant’s brief to January 6, 2016. Respectfully submitted, ______________________________ RICHARD D. REED Lead Counsel for Appellant 316 W. 12th Street Suite 313 Austin, Texas 78701-1820 Telephone No. 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100 Appellant’s Second Motion for Extension of Time to File Brief Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on this, the seventh, day of December, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s Second Motion for Extension of Time to File Brief upon Rosemary Lehmberg, District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701- 2103, by electronically delivering a copy of the said petition to the following email address: rosemary.lehmberg@traviscountytx.gov. I further hereby certify that on this, the seventh, day of December, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s Second Motion for Extension of Time to File Brief upon Aurora Salina Perez, Assistant District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email address: aurora.perez@traviscountytx.gov. I further hereby certify that on this, the seventh, day of December, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s Second Motion for Extension of Time to File Brief upon Michael Scott Taliaferro, Assistant District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email addresses: scott.taliaferro@traviscountytx.gov and appellatetcda@traviscountytx.gov. I further hereby certify that on this, the seventh, day of December, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s Second Motion for Extension of Time to File Brief upon Lisa C. McMinn, State Prosecuting Attorney, whose address is 209 West 14th Street, Austin, Texas 78701-1614, by electronically delivering a copy of the said petition to the following email address: lisa.mcminn@spa.texas.gov. ______________________________ Richard D. Reed Appellant’s Second Motion for Extension of Time to File Brief Page 3 of 3