PD-0292-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/29/2015 3:58:57 PM
Accepted 9/30/2015 10:29:59 AM
September 30, 2015
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
AUSTIN, TEXAS
JENNIFER BANNER WOLFE, §
Appellant §
§ No. PD-0292-15
VS. §
§
THE STATE OF TEXAS, §
Appellee §
FIRST MOTION FOR EXTENSION OF TIME IN WHICH TO
FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, JENNIFER BANNER WOLFE, Appellant in the
above entitled and numbered causes, by and through his attorney on appeal,
DAVID A. PEARSON, IV, and files this motion for an extension of thirty
(30) days in which to prepare and file his Appellant’s Brief. In support of
this motion the Appellant would show the following:
1. This cause is styled Jennifer Banner Wolfe vs. The State of Texas, and is
numbered 1200447D in the trial court, No. 02-12-00188-CR in the Court
of Appeals-2nd District of Texas, and PD-0292-15. The Court granted
Appellant’s Petition for Discretionary Review on 16 September 2015.
1| Motion for Extension
2. That this is the Appellant’s first request for an extension of time to file
the Appellant’s brief in the Court of Criminal Appeals, now due on or
before 16 October 2015.
3. That this is Appellant's first request for an extension of time to file the
Appellant's brief.
4. That the Appellant hereby requests an extension of thirty (30) days, until
15 November 2015, to file the Appellant's Brief and as reasons therefore
would further show the Court that the Attorney for Appellant does not
have sufficient time to prepare Appellant’s Brief on or before 16 October
2015.
5. That the Appellant is in custody and counsel is court appointed.
6. Attorney for Appellant is a solo-practitioner, without assistance of
associate counsel or legal assistants, and is preparing for the following
cases. Undersigned Counsel maintains a caseload devoted exclusively to
criminal work that is heavily weighted in indigent criminal defense, and
that work requires Counsel to make court appearances daily.
-Rodney Chase Pettigrew. v. State of Texas, No. 12-14-00494-CR, Court
of Appeals – 2nd District of Texas, Capital Murder, Appellant’s brief
due 5 October 2015.
2| Motion for Extension
-State v. Jacque Lamont Anderson, No. 1391500, 432nd District Court,
Tarrant County, Sexual Assault-Continuous, jury trial 26 October 2015.
In the above-referenced case Undersigned Counsel has over 10 items
in electronic recordings and digital media to review.
-State v. David Dwayne Roland, No. 1399500, Criminal District Court
Three, Tarrant County, Assault FM-Prior FV conviction-habitual count,
jury trial 2 November 2015.
-Alfredo Arreola v. State of Texas, No. 11-15-00116-CR, Court of
Appeals – 11th District of Texas, Aggravated Robbery, Appellant’s brief
due on 23 November 2015.
-Staten William Corbett, Jr. v. State of Texas, No. 12-15-00313-CR,
Court of Appeals – 2nd District of Texas, Murder.
-State v. Robert Brandon Morris, No. CR15-0169, 43rd District Court,
Parker County, Injury to Child-Serious Bodily Injury, Mental
Impairment.
-State of Texas v. James Michael Lee Chestnut, No. 15444, 29th District
Court, Palo Pinto County, Debit Card Abuse.
-State v. Hayward Russell Murphy, No. CR18258, 271st District Court,
Wise County, Theft Property, >20K <100K.
3| Motion for Extension
-State v. David Lane Basham, No. 1398744, Criminal District Court
Three, Tarrant County, Aggravated Robbery, jury trial 30 November
2015.
Undersigned Counsel has devoted numerous out-of-court hours to
prepare the above-referenced cases for trial. In most of the above-
referenced cases Undersigned Counsel has logged numerous hours
reviewing electronic recordings and digital media.
7. During the last sixty (60) days, along with many court docket settings
and client/case matters, Attorney for Appellant has completed the
following:
-State of Texas v. Nicholas Ryan Acree, Nos. 1386753, 1376155,
1382616, 1388825, 1410503, 1404360, 372nd District Court, Tarrant
County, Murder, Unlawful possession of firearm, Engaging organized
crime (3 charges), and Possession controlled substance <1g. In these six
cases for one court-appointed client, Undersigned Counsel was
representing an individual who was indicted for 6 cases total, 4 of
which are “3g” aggravated offenses. These cases were further
complicated because the “3g” offenses involve at least 7 co-
defendants and involve alleged gang and organized crime. In the
cases against Undersigned Counsel’s client, Counsel was responsible
4| Motion for Extension
for review of over 25 digital discs disclosed by the state, with the
conservative estimate of over 50 hours at least in length of total time
to review.
-Michael D. Thomas aka Michael Thomas v. State of Texas, No. 07-15-
00257-CR and 07-15-00258-CR, Court of Appeals – 7th District of
Texas, Robbery, Appellant’s brief filed on 9 September 2015.
-Paul C. Erin v. State of Texas, No. 18-15-00025-CR, Court of Appeals –
8th District of Texas, Murder, Appellant’s brief filed on 25 August
2015.
-Ricky D. Davis v. State of Texas, No. 02-13-00468-CR, Court of
Appeals – 2nd District of Texas, Appellant’s brief filed on 5 August
2015.
-Steven Lawayne Nelson v. State, AP-76,924, capital murder, petition for
writ of certiorari filed in U.S. Supreme Court on 13 July 2015.
Undersigned Counsel expended over 22 hours from June to July 2015
to complete the petition for writ of certiorari.
-State v. Joseph Robert Dodson, No. 1316921, 297th District Court,
Tarrant County, Capital Murder, resolved by plea 10 June 2015 after
logging numerous hours.
5| Motion for Extension
8. This motion is not filed for the purpose of delay, but rather so that there
will be sufficient time for the work to be done in a proper manner and for
the effective assistance of counsel.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel
respectfully prays that this Honorable Court extend the time for filing
Appellant’s Brief in this cause until 15 November 2015.
Respectfully Submitted,
DAVID A. PEARSON, P.L.L.C.
By:________________________
David A. Pearson, IV
ATTORNEY FOR APPELLANT
222 W. Exchange Ave., Ste. 103
Fort Worth, Texas 76164
(817) 625-8081
FAX: (817) 625-8038
Bar ID# 15690465
E-MAIL: david@lawbydap.com
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing First Motion for
Extension of Time for Filing Appellant's Brief was e-served to Tanya S.
Dohoney, Tarrant County Assistant District Attorney, at
CCAAppellateAlerts@TarrantCounty.com on the 29th day of September,
2015.
6| Motion for Extension
David A. Pearson, IV
CERTIFICATE OF CONFERENCE
I certify that a conference was held with Hon. Tanya S. Dohoney,
Assistant District Attorney, Tarrant County, Texas, on the 29th day of
September 2015, and the State DOES/DOES NOT oppose the Appellant’s
foregoing motion.
________________________
David A. Pearson, IV
7| Motion for Extension