PD-1500-15
PD-1500-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/18/2015 4:36:26 PM
Accepted 11/20/2015 11:24:17 AM
ABEL ACOSTA
IN THE TEXAS COURT OF CRIMINAL APPEALS CLERK
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THE STATE OF TEXAS,
APPELLANT
November 20, 2015 V.
LACI RENA WRIGHT,
APPELLEE
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On Appeal From The Court of Appeals
Eleventh Judicial District, Eastland, Texas
Cause Number 11-13-00061-CR
The 42nd Judicial District Court of Taylor County, Texas
Honorable John Weeks, Presiding Judge
Trial Court Cause Number 24602-A
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STATE’S FIRST MOTION FOR EXTENSION
OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
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TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The State of Texas, by and through its Assistant Criminal
District Attorney, moves the Court for extension of time to file its
Petition for Discretionary Review in the above-entitled and
numbered cause, and shows:
I.
This Petition stems from an opinion of the 11th Court of
Appeals dated September 17, 2015 finding the evidence insufficient
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to support Appellee’s conviction for two counts of injury to a child by
omission. The State filed a Motion for Rehearing with the 11th Court
of Appeals on October 2, 2015, which was denied on October 22,
2015.
II.
The State’s Petition for Discretionary Review is due on
November 23, 2015. This is the State’s first motion for extension.
Counsel for the State took over the case load for the retiring
appellate division assistant district attorney as of Monday, August
31, 2015, and is the sole criminal appellate attorney for the Taylor
County District Attorney’s Office. Counsel for the State has been
engaged in the preparation and filing of a Petition for Discretionary
Review in the Texas Court of Criminal Appeals, State of Texas v.
Phillip Devon Deen, PD-1484-15, Court of Appeals No. 11-13-00271.
This State’s petition was due and timely filed in this Court on
Monday November 16, 2015. Because current counsel was not the
attorney who initially filed the State’s Brief in the 11th Court of
Appeals in that case, researching the case law and becoming
familiar with the facts of that case took more time than it otherwise
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might have. Counsel has also been engaged in the preparation and
filing of the State’s Brief in Ex Parte Jackie David Alvarez, 11-15-
00201-CR, which was filed in the 11th Court of Appeals on Tuesday
November 17, 2015; this was an accelerated appeal. Counsel for the
State further has two briefs currently due in the 11th Court of
Appeals that have each been previously reset once: In the Interest
of R.W. and R.W, children, 11-15-00234-CV, due on November 25,
2015, and In the Interest of J.N., a Child, 11-15-00184-CV, due on
November 30, 2015. These cases involve termination of parental
rights and are accelerated appeals. The State further has a brief
due in the 11th Court of Appeals on November 27, 2015 in the case
of Ricky Glen White, Jr. v. State of Texas, 11-15-00111-CR; this
case has already been reset once. Counsel for the State also has a
brief due in the 11th Court of Appeals on December 9, 2015 in
Joseph Tyrone Nichols v. State of Texas, 11-15-00005-CR and 11-
15-00006-CR; this case has also already been reset once. Counsel
further has a brief due in the 11th Court of Appeals on Friday,
November 20, 2015, Lenora Chante Laurence v. State of Texas, 11-
15-00072-CR; because this case is comparatively recent, counsel
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for the State has on this date filed a First Motion for Extension of
Time with the 11th Court of Appeals in this case. The State
requests a 30 day extension.
III.
This request for extension of time is not made solely for the
purpose of delay, but only that justice may be served. Wherefore,
the State respectfully requests this Court grant its extension of
time.
Respectfully submitted,
James Eidson
Criminal District Attorney
Taylor County, Texas
300 Oak Street
Abilene, Texas 79602
325-674-1261
325-674-1306 FAX
BY: /s/ Britt Lindsey_____
Britt Lindsey
Assistant District Attorney
Appellate Section
400 Oak Street, Suite 120
Abilene, Texas 79602
325-674-1376
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325-674-1306 FAX
State Bar No. 24039669
Attorney for the State
CERTIFICATE OF COMPLIANCE
I, Britt Lindsey, affirm that the above motion is in compliance
with the Rules of Appellate Procedure. The font size in the body of
the motion is 14 pt. The word count is 760 including the entire
motion.
/s/ Britt Lindsey_____
Britt Lindsey
CERTIFICATE OF SERVICE
I certify that on this 18th Day of November, 2015, a true copy
of the foregoing State’s First Motion for Extension of time was
served on the attorney of record on appeal according to the
requirements of law by hand delivery to:
Stan Brown
Attorney at Law
P. O. Box 3122
Abilene, Texas 79604
Attorney for Appellant, Laci Rena Wright
/s/ Britt Lindsey_____
Britt Lindsey
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Wright, Laci Rena
Combined Opinion