WR-67,418-02
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/16/2015 5:39:30 PM
Accepted 10/19/2015 8:31:40 AM
ABEL ACOSTA
NO. WR-67,418-02 CLERK
EX PARTE IN THE COURT OF CRIMINALRECEIVED
APPEALS
COURT OF CRIMINAL APPEALS
10/19/2015
ABEL ACOSTA, CLERK
MICHAEL JACQUES
APPLICANT OF TEXAS
SECOND JOINT MOTION FOR EXTENSION OF TIME
TO COMPLETE WRIT PROCEEDINGS IN THE DISTRICT COURT
COMES NOW, the State and applicant, Michael Jacques, and file this
second joint motion for extension of time to complete the writ proceedings in this
cause in the 384th District Court of El Paso County, and would show the Court as
follows:
1. On April 1, 2015, this Court remanded the writ application in this
cause to the 384th District Court to allow the trial court judge to
complete an evidentiary investigation and enter findings of fact and
conclusions of law, such to be completed and the record on the writ
proceedings, together with the findings and conclusions of the trial
court, to be transmitted back to this Court within 120 days of this
Court’s order, namely, July 31, 2015.
2. Thereafter, on June 25, 2015, the parties filed a first joint motion to
extend the time for transmission of the writ proceedings and findings
to this Court for 60 days until October 30, 3015, primarily so that the
record from the two days of the hearings could be transcribed and
completed. That motion was granted by this Court on July 8, 2015,
until October 30, 2015.
3. The record has now been completed and filed in the trial court, and
both parties have provided the trial court judge, Hon. Patrick Garcia,
with extensive proposed findings of fact and conclusions of law.
4. This extension request is made at the behest of the trial court judge
for 60 days until December 29, 2015, for the trial court judge to
review the record that has been filed, review the findings and
conclusions proposed by both parties, and to enter such findings and
conclusions of law as the trial court judge may make in this matter.
The 384th District Court is a very active trial court with an extensive
docket of cases and the trial court judge needs this additional time to
properly review the writ record and make appropriate findings of fact
and conclusions of law and to then transmit the complete writ record
and findings and conclusions to this Court.
PRAYER
WHEREFORE, the State and applicant pray that this extension request will
be granted until December 29, 2015.
Respectfully submitted,
JAIME ESPARZA
DISTRICT ATTORNEY
34th JUDICIAL DISTRICT
/s/ John L. Davis
JOHN L. DAVIS
ASST. DISTRICT ATTORNEY
EL PASO COUNTY COURTHOUSE
500 E. SAN ANTONIO, 2nd Floor
EL PASO, TEXAS 79901
(915) 256-2393
FAX (915) 533-5520
E-MAIL: jdavis@epcounty.com
SBN 05515700
ATTORNEYS FOR THE STATE
EL PASO COUNTY PUBLIC DEFENDER
ATTORNEYS FOR APPLICANT
/s/ Eric Willard
ERIC WILLARD
DEPUTY PUBLIC DEFENDER
500 E. San Antonio #501
El Paso, Texas 79901
(915) 546-8185
FAX (915) 546-8186
SBN 00795745
CERTIFICATE OF COMPLIANCE
The undersigned does hereby certify that the foregoing document contains
540 words.
/s/John L. Davis
JOHN L. DAVIS
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on this 16th day of October, 2015,
a copy of the forgoing motion has been delivered to the trial court judge, Hon.
Patrick Garcia, 384th District Court, 500 E. San Antonio #906, El Paso, Texas
79901.
/s/ John L. Davis
JOHN L. DAVIS
Jacques, Michael
Combined Opinion