Charles Dewayne Hooks v. State

• Court: Court of Appeals of Texas
• Decided: July 9, 2015
• Docket: 05-15-00186-CR
• Status: Published

Opinion

ACCEPTED 05-15-00186-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 7/9/2015 10:20:31 AM LISA MATZ CLERK

NO. 05-15-00186-CR

FILED IN 5th COURT OF APPEALS CHARLES DEWAYNE HOOKS § IN THE COURT OF APPEALS DALLAS, TEXAS 7/9/2015 10:20:31 AM V. § FOR THE FIFTH DISTRICT LISA MATZ Clerk STATE OF TEXAS § OF TEXAS AT DALLAS

MOTION FOR AN EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, Charles Dewayne Hooks, Appellant in the above

named cause numbers, by and through his duly appointed attorney on

appeal, and requests that this Court extend the time for filing Appellant’s

brief from July 12, 2015 to August 11, 2015.

I.

On February 5, 2015, Appellant pled guilty and was convicted of

murder in the 283rd Judicial District Court in Dallas County, Texas. (CR:

59). The jury found Appellant guilty and sentenced Appellant to life

imprisonment. (CR: 59). On February 5, 2015, Appellant filed a timely

notice of appeal. (CR1: 26).

II.

The due date for Appellant’s Brief is July 12, 2015. III.

Appellant requests an extension of time of thirty (30) days in which to

file his Brief. No previous extension of time has been requested by

Appellant.

IV.

Appellant submits that a reasonable explanation exists for this

requested extension. Appellant relies on the following facts to reasonably

explain why the brief has not yet been prepared and the need for an

extension of time in which to file Appellant’s Brief:

(1) The undersigned attorney filed a brief in cause numbers 06-14-

00234-CR & 06-14-00235-CR styled Melvin Wayne Richardson v.

State of Texas on April 20, 2015 pending in the 6th District Court of

Appeals, Texarkana, Texas.

(2) The undersigned attorney filed a brief in cause numbers 05-14-

01075-CR styled Jorge Gutierrez v. State of Texas on April 24, 2015

pending in the 5th District Court of Appeals, Dallas, Texas.

(3) The undersigned attorney filed a brief in cause numbers 05-14-

01251-CR and 05-14-01252-CR styled Lavandra Donteka Rushing v.

State of Texas on May 22, 2015 pending in the 5th District Court of

Appeals, Dallas, Texas. (4) The undersigned attorney filed a brief in cause number 05-14-

01369-CR styled Ronnie Creige Wilson v. State of Texas on May 27,

2015 pending in the 5th District Court of Appeals, Dallas, Texas.

(5) The undersigned attorney filed a brief in cause number 05-14-

01122-CR styled Vicente Alejandro Perez v. State of Texas on June

24, 2015 pending in the 5th District Court of Appeals, Dallas, Texas.

(6) The undersigned attorney filed a brief in cause numbers 05-14-

01308-CR and 05-14-01309-CR styled Gerardo DeLaCruz v. State of

Texas on July 6 , 2015 pending in the 5th District Court of Appeals,

Dallas, Texas.

(7) The undersigned attorney is preparing a brief in cause number 05-

14-01445-CR styled Lakeisha Shanta Hill v. State of Texas pending in

the 5th District Court of Appeals, Dallas, Texas.

(8) The undersigned attorney is preparing a brief in cause number 05-

14-01609-CR styled Ricardo Velazquez v. State of Texas pending in

the 5th District Court of Appeals, Dallas, Texas. V.

This Motion is not brought for purposes of delay but so that the

appellate record can be read and evaluated, and so that the legal and factual

issues presented by the appellate record can be properly briefed and

presented to this Court on Appellant’s behalf.

WHEREFORE, Appellant requests this Court extend Appellant’s

deadline to file its brief to August 11, 2015.

Respectfully submitted,

/s/ Nanette Hendrickson

Lynn Pride Richardson Nanette Hendrickson Chief Public Defender Assistant Public Defender Dallas County, TX Texas State Bar No. 24081423 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-2 Dallas, Texas 75207-4399 (214) 653-3582 (phone) (214) 653-3539 (fax)

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion was served on the Dallas County Criminal District Attorney’s Office (Appellate Division), 133 N. Riverfront Blvd., B-19, 10th Floor, Dallas, Texas, 75207, by hand delivery and electronic service at DCDAAppeals@dallascounty.org on July 9, 2015.

/s/ Nanette Hendrickson Nanette Hendrickson