Antonio Rashawne Carr v. State

• Court: Court of Appeals of Texas
• Decided: June 5, 2018
• Docket: 05-17-01264-CR
• Status: Published

Opinion

ACCEPTED 05-17-01264-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 6/5/2018 4:10 PM LISA MATZ CLERK

05-17-01264-CR

ANTONIO RASHAWNE CARR § IN THE COURT OFFILED APPEALS IN 5th COURT OF APPEALS DALLAS, TEXAS V. § FOR THE FIFTH DISTRICT 6/5/2018 4:10:03 PM LISA MATZ THE STATE OF TEXAS § OF TEXAS AT DALLASClerk

STATE’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF

The State of Texas, by and through the Criminal District Attorney of Dallas

County, respectfully requests that this Honorable Court extend the time for filing the

State’s brief. In support of this motion, the State shows the following:

I.

Appellant was charged by indictment with aggravated sexual assault of a child

by penetration. See Tex. Penal Code Ann. § 22.021(a)(2)(B) (West Supp. 2017).

Appellant pled not guilty to the charged offense, but a jury found him guilty. The trial

court assessed punishment, enhanced by two prior felony convictions, at thirty-six

years’ confinement in the Institutional Division of the Texas Department of Criminal

Justice. The trial court certified Appellant’s right to appeal, and Appellant filed a

timely notice of appeal. He also filed a timely motion for new trial and an amended

motion for new trial, which was overruled by operation of law. This appeal followed. II.

Appellant filed his brief on March 12, 2018. The State’s brief was due on April

11, 2018. This Honorable Court granted the State’s first motion for extension of time

to file brief, setting the new deadline to May 11, 2018. This case is not yet set for

submission.

III.

The undersigned counsel was assigned to this appeal on March 13, 2018.

Counsel’s caseload also includes capital writ work on the following cases:

 Carpenter v. State, Dallas County trial court cause number F97-77949-U  Garcia v. State, Dallas County trial court cause number F01-00325-T Since this Honorable Court granted counsel’s first motion for extension of

time, counsel has filed the briefs in response to the appellants’ briefs in Montgomery v.

State, cause number 05-17-01036-CR, and Garcia v. State, cause number 05-16-01415-

CR. Counsel is also presently researching and preparing the State’s briefs in Garcia v.

State, cause number 05-17-00837-CR; Norris v. State, 05-17-01237-CR; and Arrington v.

State, 05-17-01194-CR.

Counsel has also expended time assisting other Assistant District Attorneys

with miscellaneous tasks and performed other duties required of her job. Such duties

and tasks include providing trial support and capital writ support, as well as

participating in and arguing in miscellaneous trial court proceedings. Finally, counsel

spent time away from the office attending mandatory training integral to her

2 employment from April 9, 2018, through April 11, 2018, and from May 2, 2018,

through May 4, 2018, during which times counsel was unable to work on her caseload

obligations.

For all the foregoing reasons, counsel respectfully asks this Honorable Court to

extend the deadline for filing the State’s brief until June 5, 2018. Counsel has prepared

the State’s brief in this case as expeditiously as possible and tenders the brief for filing

with this motion.

Respectfully submitted,

/s/ Nina L. Scherach NINA L. SCHERACH Assistant District Attorney State Bar No. 24100660 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207-4399 214-653-3625 (telephone) 214-653-3643 (fax) Nina.Scherach@dallascounty.org

CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing motion was served on Tara Cunningham, counsel for Appellant, by electronic communication through eFileTexas.gov at TaraCunningham@gmail.com, on June 5, 2018.

/s/ Nina L. Scherach NINA L. SCHERACH