ACCEPTED
05-17-00900-cv
FIFTH COURT OF APPEALS
DALLAS, TEXAS
3/26/2018 5:07 PM
No. 05-17-00900-CV LISA MATZ
No. 05-17-00901-CV CLERK
No. 05-17-00902-CV
No. 05-17-00903-CV
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
IN THE COURT OF APPEALS
03/26/2018 5:07:22 PM
FOR THE FIFTH DISTRICT OF TEXAS LISA MATZ
AT DALLAS, TEXAS Clerk
_____________________________
TERRY C. SHELTON,
APPELLANT
v.
THE STATE OF TEXAS,
APPELLEE
_____________________________
STATE’S FIRST MOTION FOR EXTENSION
OF TIME TO FILE ITS BRIEF
_____________________________
TO THE HONORABLE COURT OF APPEALS:
The State of Texas, by and through the Criminal District Attorney of Dallas
County, respectfully requests this Honorable Court to extend the time for filing the
State’s brief. In support of this motion, the State shows the following:
I.
Appellant was indicted by a Dallas County grand jury of four separate
offenses of aggravated robbery. (CR1: 6; CR2: 5; CR3: 7; CR4: 7).1 Appellant pled
guilty and was assessed a punishment of 50 years’ incarceration in each cause to
1
For convenience, the clerk’s record for cause number F09-20518 (Appeal No. 05-17-00900-
CV) will be referred to as “CR1,” the clerk’s record for cause number F09-73040 (Appeal No.
05-17-00901-CV) will be referred to as “CR2,” the clerk’s record for cause number F10-21198
(Appeal No. 05-17-00902-CV) will be referred to as “CR3,” and the clerk’s record for cause
number F10-55874 (Appeal No. 05-17-00903-CV) will be referred to as “CR4.”
run concurrently. (CR1: 20; CR2: 13; CR3: 22; CR4: 16). Six years later,
Appellant filed with the trial court a motion to rescind withdrawal of funds from
his inmate trust account and restore funds. (CR1: 48–54; CR2: 22–28; CR3: 28–34;
CR4: 26–32). The trial court subsequently denied the motion. (CR1: 95; CR2: 69;
CR3: 75; CR4: 74). Appellant timely filed notice of appeal in each cause.
(CR4: 85). These appeals follow.
II.
Appellant filed his brief in this Honorable Court on February 26, 2018. The
State’s brief is due March 28, 2018. This is the State’s first request for an extension
of time. This case is not set for submission.
III.
This extension is not sought for the purpose of delaying this appeal. Rather,
in addition to other responsibilities—including Public Information Act requests—
Counsel has recently submitted responses and letter briefs to this Honorable Court
in In re Juan Suarez, 05-18-00191–00193-CV; In re Quincey Blakely, 05-18-
00212-CV; and Quincy Blakely v. State, 05-18-00064-CR. Counsel needs
additional time to conduct the necessary research and review of the entire record to
adequately respond to Appellant’s contentions.
For all the foregoing reasons, the State respectfully requests that this Court
extend the State’s deadline for filing the State’s brief until April 28, 2018.
Respectfully submitted,
FAITH JOHNSON /s/ Ricardo Vela, Jr.________
Criminal District Attorney RICARDO VELA, JR.
Dallas County, Texas Assistant District Attorney
State Bar Number 24072800
Frank Crowley Building
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3625 (phone)
(214) 653-3643 (fax)
ricardo.vela@dallascounty.org
CERTIFICATE OF SERVICE
I, Ricardo Vela, Jr., Assistant District Attorney, hereby certify that a true
copy of the foregoing motion has been served on Terry C. Shelton via US Mail to
A.B. Polunsky Unity, 3872 FM 350 South, Livingston, Texas 77351, on March 27,
2018.
/s/Ricardo Vela, Jr.________
RICARDO VELA, JR.
Assistant District Attorney