Dacious Parker v. State

Opinion

ACCEPTED

03-15-00369-CR

7657475

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/3/2015 12:15:48 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00369-CR

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS

FOR THE THIRD DISTRICT OF TEXAS 11/3/2015 12:15:48 PM

AUSTIN, TEXAS

JEFFREY D. KYLE

Clerk

DACIOUS PARKER

Appellant

V.

THE STATE OF TEXAS,

Appellee

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

Appeal from the District Court of Travis County, Texas 167th Judicial District

Criminal Action No. D-1-DC-12-600094 Honorable P. David Wahlberg, Judge Presiding

RICHARD D. REED Lead Counsel for Appellant 316 W. 12th Street Suite 313 Austin, Texas 78701-1820 Telephone No. 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100

NO. 03-15-00369-CR

IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS

DACIOUS PARKER

Appellant

V.

THE STATE OF TEXAS,

Appellee

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

TO THE HONORABLE COURT OF APPEALS:

NOW COMES Appellant Dacious Parker, by and through his attorney of

record, Richard D. Reed, and, pursuant to the provisions of Rule 10.5(b), Texas Rules

of Appellate Procedure, respectfully moves the Court to extend the time to file

Appellant’s brief. In support of such motion, Appellant would show unto the Court

as follows:

I.

The deadline for filing Appellant’s brief is November 6, 2015.

II.

Appellant is seeking an extension of thirty-one days.

III.

Appellant needs an extension of time to file Appellant’s brief because

Appellant’s counsel has had to spend most of his time during the past thirty days

attending to other criminal cases to which he has been judicially appointed or

assigned. As a result, Appellant’s counsel has not had sufficient time to review the

record, complete the necessary legal research, and prepare Appellant’s brief.

IV.

No previous extension to file Appellant’s brief has been sought or granted.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays

that the Court grant this motion and extend the time for filing Appellant’s brief to

December 7, 2015.

Respectfully submitted,

______________________________

RICHARD D. REED Lead Counsel for Appellant 316 W. 12th Street Suite 313 Austin, Texas 78701-1820 Telephone No. 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100

Appellant’s First Motion for Extension of Time to File Brief Page 2 of 3

CERTIFICATE OF SERVICE

I hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Rosemary Lehmberg, District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email address: rosemary.lehmberg@traviscountytx.gov.

I further hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Aurora Salina Perez, Assistant District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email address: aurora.perez@traviscountytx.gov.

I further hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Michael Scott Taliaferro, Assistant District Attorney of Travis County, Texas, whose address is 509 West 11th Street, Suite 1.100, Austin, Texas 78701-2103, by electronically delivering a copy of the said petition to the following email addresses: scott.taliaferro@traviscountytx.gov and appellatetcda@traviscountytx.gov.

I further hereby certify that on this, the third, day of November, A.D. 2015, I personally served a copy of the above-and-foregoing Appellant’s First Motion for Extension of Time to File Brief upon Lisa C. McMinn, State Prosecuting Attorney, whose address is 209 West 14th Street, Austin, Texas 78701-1614, by electronically delivering a copy of the said petition to the following email address: lisa.mcminn@spa.texas.gov.

______________________________

Richard D. Reed

Appellant’s First Motion for Extension of Time to File Brief Page 3 of 3