Davontae Robinson v. State

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: 12-14-00197-CR
• Status: Published

Opinion

ACCEPTED 12-14-00197-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 12/29/2014 2:20:38 PM CATHY LUSK CAUSE NO. 12-14-00197-CR CLERK

DAVONTAE ROBINSON § IN THE § VS. § TWELFTH COURT FILED IN § 12th COURT OF APPEALS THE STATE OF TEXAS § OF APPEALS TYLER, TEXAS 12/29/2014 2:20:38 PM MOTION TO CATHY S. LUSK Clerk EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Appellant in the above styled and numbered cause, and moves this

Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of

the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 7th Judicial District Court of Smith County,

Texas.

2. The case below was styled State v. Davontae Robinson and numbered 007-0329-

11.

3. Appellant was convicted of Possession of a Controlled Substance.

4. Appellant was assessed a sentence of three (3) years Texas Department of

Criminal Justice-Institutional Division.

5. Notice of Appeal was given on July 14, 2014.

6. The Clerk's Record was filed on July 30, 2014; the Reporter's Record was filed

on September 15, 2014.

7. The Appellant’s Brief is due on December 29, 2014. Counsel requests the Court

an extension of thirty (30) days due to the number of briefs with deadlines.

8. Appellant requests an extension of time due to the following facts and

circumstances.

Since the Reporter’s Record in this case was completed, Counsel has filed:

A. On September 22, 2014, Counsel filed the Appellant’s Brief in

Christopher Black v. State, cause no. 12-14-00087-CR;

B. Counsel attended oral argument before the Court of Criminal Appeals in Austin in Henry Taylor v. State of Texas, cause no. PD-

0051-14 on October 1, 2014.

C. On October 13, 2014, Counsel filed the Appellant’s Brief in

Lawrence Walker v. State of Texas, cause no. 12-14-00040-CR;

D. On October 20, 2014, Counsel filed the Appellant’s Brief in Coby

Gordy v. State of Texas, cause nos. 12-14-00062-CR and 12-14-

00063-CR;

E. On October 29, 2014, Counsel filed the Appellant’s Brief in

Fernando Saucedo v. State of Texas, cause no. 12-13-00368-CR;

F. On November 3, 2014, Counsel filed the Appellant’s Brief in

Charles Walker v. State of Texas, cause no. 12-14-00104-CR;

G. On November 17, 2014, Petition for Discretionary Review in

Kenneth Walker v. State of Texas, cause no. PD-1429-14 with no

further extensions;

H. On November 17, 2014, a Petition for Discretionary Review in

Shelly Walker v. State of Texas, cause no. PD-1430-14 with no

I. On December 2, 2014, Counsel filed the Appellant’s Brief in Henry

Swinney v. State of Texas, cause no. 12-14-00142-CR with no

further extensions.

J. On December 15, 2014, Counsel filed the Appellant’s Brief in

Brandon Medford v. State of Texas, cause no. 12-14-00109-CR

with no further extensions.

K. On December 15, 2014, Counsel filed the Appellant’s Brief in

Jeffrey Dock Wright. v. State of Texas, cause no. 12-14-00125-CR

L. On December 15, 2014, Counsel filed the Appellant’s Brief in

Angela Hardin v. State of Texas, cause nos. 12-14-00180-CR and 12-14-00181-CR with no further extensions.

M. On December 18, 2014, Counsel filed the Appellant’s Brief in

Darren McDaniel v. State of Texas, cause no. 12-14-00124-CR

9. Additionally, on October 12, 2014, Counsel was appointed in four (4) cases of

State of Texas v. Larry Maples in Van Zandt County, Texas by the Honorable

Teresa Drum. The charges include capital murder (non-death), burglary of a

habitation, aggravated sexual assault and aggravated assault. The capital

murder trial commenced on November 3, 2014 and concluded on November 6,

2014. Counsel has also been court appointed to represent the Defendant on any

appellate matters sought by the Defendant.

10. On November 7, 2014, counsel was appointed by the 114th District Court of

Smith County, Texas to prepare a clemency petition in State v. Robert Charles

Ladd, cause number 114-80305-97. An execution date was originally set in this

case for December 11, 2014. Counsel filed a clemency petition with the Petition

with the Board of Pardons and Parole on November 20, 2014. However, due to

an oversight in setting the execution date this execution date was withdrawn

and reset. The new execution date has been set for this case on January 29,

2015 and counsel will need additional time to prepare a new clemency petition

for the Defendant.

11. Counsel has appeared in numerous hearings in state and federal court over the

last thirty days, including hearings in the Tyler and Texarkana Federal District

Courts, and hearings in Smith and Van Zandt Counties.

12. Lastly, Appellant’s Counsel has the following briefs pending:

A. Appellant’s Brief in Joshua Ardry v. State of Texas, cause no. 12-

14-00143-CR on January 5, 2015;

B. Appellant’s Brief in Craig Pruitt v. State of Texas, cause no. 12-

14-00303-CR on January 5, 2015; C. Appellant’s Brief in Kathy Spears v. State of Texas, cause no. 12-

14-00163-CR on January 5, 2015;

D. Appellant’s Brief in Brandon Simmons v. State of Texas, cause no.

12-14-00159-CR on January 7, 2015;

E. Appellant’s Brief in Roberta Bagwell v. State of Texas, cause no.

12-14-00248-CR on January 9, 2015;

F. Appellant’s Brief in Jaworski Adkins v. State of Texas, cause no.

12-14-00130-CR on January 12, 2015 with no further extensions;

G. Appellant’s Brief in Daniel Spangler v. State of Texas, cause no.

12-14-00195-CR on January 15, 2015 with no further extensions;

H. Appellant’s Brief in Fatima Rahman v. State of Texas, cause no.

12-14-00225-CR on January 22, 2015 with no further extensions;

I. Appellant’s Brief in Frederick Perkins v. State of Texas, cause no.

12-14-00290-CR upon completion of the Reporter’s Record;

J. Appellant’s Brief in Jolly Neely v. State of Texas, cause no. 12-14-

00309-CR upon completion of the Reporter’s Record; and

K. Appellant’s Brief in Jason Claire Reese v. State of Texas, cause

no. 12-14-00363-CR upon completion of the Reporter’s Record.

13. Appellant requests an extension of time due to the above referenced facts and

circumstances. Appellant also realized that the Clerk’s Record is currently

incomplete because the presentence investigation report which was designated

has not been provided. The Smith County District Clerk’s Office is aware of the

deficiency.

14. Appellant prays that this Court grant this Motion to Extend Time to File

Appellant’s Brief for a period of thirty (30) days, and for such other and further

relief as the Court may deem appropriate. Respectfully submitted,

Law Office of James W. Huggler, Jr. 100 E. Ferguson, Suite 805 Tyler, Texas 75702 Tel: (903) 593-2400 Fax: (903) 593-3830

By: /S/ James W. Huggler, Jr. James W. Huggler, Jr. State Bar No. 00795437 Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on December 29, 2014, a true and correct copy of the above

and foregoing document was served on Mike West, Smith County District Attorney's

Office, 100 North Broadway Ave., 4th Floor, Smith County Courthouse, Tyler, Texas

75702, by regular mail, fax, hand delivery, or electronic filing.

/S/ James W. Huggler, Jr. James W. Huggler, Jr.