WR-82,173-02
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/7/2015 3:22:42 PM
Accepted 10/8/2015 8:07:17 AM
ABEL ACOSTA
COURT OF CRIMINAL APPEALS NO. WR-82-173-02
CLERK
TRIAL COURT CAUSE NO. W11-55238-W(A)
RECEIVED
EX PARTE § COURT
IN THE COURT OFOF CRIMINAL APPEALS
10/8/2015
§ CRIMINAL APPEALS
ABEL ACOSTA, CLERK
GREGORY MCALLISTER § OF TEXAS AT AUSTIN
MOTION TO EXTEND THE TIME FOR FILING
THE TRIAL COURT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW
TO THE HONORABLE JUDGES OF SAID COURT:
The 363 rd Judicial District Court of Dallas County, Texas, through the Honorable
Tracy Holmes moves for an extension of time for filing its Findings of Fact and
Conclusions of Law in the above-styled case to November 2, 2015. In support of this
motion, the Court would show:
I.
On May 6, 2011, Applicant entered a plea of guilty to the offense of aggravated
assault/serious bodily injury/deadly weapon/family violence and pursuant to a plea
bargain agreement was sentenced to seven years deferred probation. Subsequently, his
probation was revoked and he was sentenced to seven years confinement. No direct
appeal was filed.
On June 4, 2014, Applicant filed the instant writ application. An order designating
issues was signed on June 23, 2014, appointing April E. Smith as writ master to resolve
issues and prepare findings.
II.
On June 11, 2014, the writ master wrote to trial counsel, Davey Lamb, advising
him of the filing of the application and requesting an affidavit in response to the
allegations. The writ master has made numerous attempts over the ensuing period of time
to obtain said affidavit.
In response to this Court’s remand order of January 14, 2015, this Court ordered
trial counsel to respond by filing an affidavit by March 27, 2015. As of this date, trial
counsel has not responded by filing an affidavit despite requests from the staff attorneys
for the Judge, the court coordinator and the writ master.
III.
The trial court is still attempting to obtain an affidavit from trial counsel in
response to this Court’s order and letter dated July 30, 2015. The Court hopes that trial
counsel will respond soon to the repeated attempts to stress to him the importance of
filing an affidavit.
WHEREFORE, PREMISES CONSIDERED, the Court respectfully requests that
the time for filing its Findings of Fact and Conclusions of Law, along with the
supplemental transcript be extended to November 2, 2015.
Respectfully submitted,
_________________________________
Judge Tracy Holmes
Presiding Judge
363 rd Judicial District Court
Dallas County, Texas
McAllister, Gregory W.
Combined Opinion