Clezel Montague Mughni v. State

• Court: Court of Appeals of Texas
• Decided: October 28, 2015
• Docket: 05-15-00560-CR
• Status: Published

Opinion

ACCEPTED 05-15-00560-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 10/28/2015 5:19:39 PM LISA MATZ CLERK

NO. 05-15-00560-CR

T.C. No. F14-75905-J FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 10/28/2015 5:19:39 PM LISA MATZ CLEZEL MONTAGUE MUGHNI * FIFTH Clerk

Appellant * DISTRICT COURT

VS. * OF APPEALS

STATE OF TEXAS, * IN

Appellee * DALLAS, TEXAS

MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, the Defendant in the above-styled and numbered

cause, by and through his attorney of record, and moves the Court to extend

the time for filing the Appellant's Brief, and in accordance with the appellate

rules, submits the following facts:

1. Trial Court: Criminal District Court Number 3

2. Date of appealable order: 04-22-2015

3. Cause number: F14-75905-J

4. Chanda Renee Kimbell vs. State of Texas 5. Offense for which Appellant was convicted: Capital Murder

6. Punishment assessed: Life confinement without the possibility of parole.

7. Date Motion for New Trial filed: 04-27-2015

8. Date Notice of Appeal filed: 04-27-2015

9. Deadline for filing Appellant's brief: 10-28-2015

10. Length of time requested for the extension: 30 days

11. The number of extensions of time which have been granted previously

regarding this item: 0

12. The facts relied upon to reasonably explain the need for an extension:

a. Counsel is going to be out of town October 30-November 2, 2015.

b. Counsel is writ master on a writ of habeas corpus, has held a hearing

and is preparing findings of fact and conclusions of law cause

numbers W02-74060 Q and W02-74062-Q.

c. Counsel is diligently working on Appellant’s brief in Robert Alex v.

State of Texas, Case Number 05-15-00539-CR, which is currently

overdue and the appeal has been abated for a hearing to be held

regarding the continued prosecution of such an appeal. In addition, the undersigned counsel respectfully shows the Court that unless

this motion is granted, the Appellant will be denied the effective

assistance of counsel on appeal and any meaningful appeal as provided

by statute.

WHEREFORE, PREMISES CONSIDERED, the Appellant prays that

this Honorable Court will extend the time within which to file the

Appellant's Brief until the 27th November 2015.

Respectfully submitted,

/s/ Jennifer Balido

Jennifer Balido 3500 Maple Avenue, Suite 400 Dallas, TX 75219 214-845-7570

jbalido@aol.com State Bar No. 10474880

ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE

I hereby certify that the foregoing Motion was served on the office of

Craig Watkins, Criminal District Attorney for Dallas County, 133 N.

Riverfront Blvd., LB 19, Dallas, Texas 75207,

/s/ Jennifer Balido Attorney for Appellant