RECEIVED
SEP 0 8 2015 COURT OF APPEALS
SECOND DISTRICT OF TEXAS
COURT OF APPEALS
SECOND DISTRICT OF TEXAS IN THE COURT OF APPEALS SEP -8 2015
0E3RA 3PISAK, CLERK
SECOND DISTRICT OF TEXAS
DEBRASPISAK, CLERK
REGINALD D. DAVIS/
Appellant,
v. § Court of Appeals No. 02-15-00283-CR
§ Trial Court No. 0851753D
The State of Texas
Appellee.
RESPONSE TO COURTrS ORDER TO SHOW GROUNDS
FOR CONTINUING THE APPEAL
TO THE HONORABLE JUDGES OF THE SECOND DISTRICT COURT OF APPEALS:
In response to this Court's order/ Appellant would show GOOD CAUSE/
as follows:
Even though the trial court's initial order denying Appellant's
request for appointment of counsel and second request to conduct
DNA testing was signed on April 17, 2015/ Appellant was not served
with a copy of the trial court's order until he inquired with the
trial court clerk concerning the status of the case. The trial
court's clerk mailed Appellant a copy of the trial court's April
17/ 2015 order/ which Appellant received on June 9, 2015.
On June 10, 2015/ Appellant filed his "Motion For Leave To File
Out Of Time Notice of Appeal" informing the trial court that he
had received late notice of its April 17, 2015 order.
On July 10, 2015, Appellant/ pursuant to Texas Rule of Appellate
Procedure 4.2(a)(1) and Texas Rule of Civil Procedure 306a.4,
filed his "Sworn Motion And Notice Of Late Notice of Judgment."
In response to Appellant's motion/ the trial court then vacated
its April 17/ 2015 judgment and reissued its judgment on July
23/ 2015. Appellant thereafter filed his timely notice of appeal
on August 7/ 2015.
According to Appellant's understanding of TRAP 4.2(a)(1)/
Appellant's Sworn Motion and Notice of Late Judgment was timely/
because it was within 90 days of the April 17/ 2015 judgment.
It is because of these circumstances that Appellant believes this
Court has jurisdiction to continue this appeal, (fn.l)
WHEREFORE, PREMISES CONSIDERED/ Appellant respectfully request
that this Court finds that it has jurisdiction to continue this
appeal.
Dated: September 2, 2015
Reginald D. Davis
CERTIFICATE OF SERVICE
I hereby certify that I mailed a true and correct copy of the
foregoing to the Tarrant County District Attorney/ 401 W.
Belknap/ Fort Worth/ TX 7*6196 via U.S. mail.
Dated: September 2, 2015
Reginald D. Davis
FN.l/ Appellant also has motions far appointment of appellate aoinsel and fee a fcee cap/ of
the Appellate reoord pending before the trial court.
Reginald D. Davis #1237767
Eastham Unit
2665 Prison RD. 1
Lovelady, TX 75851
RECEIVED
SEP 0 8 2015
LEGAL Clerk, Court of Appeals
COURT OF APPEALS
Second District of Texas
SECOND DISTRICT OF TEXAS
DEBRA SPISAK. CLERK 401 W. Belknap, Suite 9000
Fort Worth, TX 76196-0211
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