Gerald Blace West v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 26, 2025
• Docket: 05-25-00821-CR
• Status: Published

Opinion

ACCEPTED 05-25-00821-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 8/26/2025 3:11 PM RUBEN MORIN CLERK NO. 05-25-00821-CR

THE STATE OF TEXAS * IN THE COURT OF APPEALS FILED IN V. * FIFTH 5th COURT OF APPEALS DALLAS, TEXAS GERALD WEST * DISTRICT OF TEXAS 8/26/2025 3:11:00 PM Ruben Morin MOTION FOR EXTENSION OF TIME TO FILE Clerk APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, the appellant, and files this his first motion for extension in which

to file the appellant’s brief. In support of said motion the appellant would show the Court

the following: I.

In Cause No. M22-42254 the Appellant was charged by indictment for the offense

of Driving While Intoxicated of 22.01(a)(1) of the Texas Penal Code. The offense was

alleged to have occurred on or about July 10, 2022.

On May 5, 2025, the Appellant entered a plea of guilty to the offense and was

sentenced to 6 days in jail with credit for time served. The Notice of Appeal was perfected

on May 29, 2025. The trial court’s certification of defendant’s right of appeal was filed

on May 6, 2025. The clerk’s record was filed on July 14, 2025 and the reporter’s record

was filed on August 1, 2025.

II.

Appellant’s brief is due on August 31, 2025. Appellant has not previously

requested an extension. Appellant respectfully request a 30-day extension of time to file

the brief in this matter.

1 III. The Appellant’s request for an extension is based on the following facts: Counsel was

in preparation for trial from August 1-August 11, 2025, in Hailemichael v. Bisrat in Dallas

County, TX which was set for August 12, 2025. Counsel is currently managing an active

caseload and requires a minimum of thirty (30) days to ensure adequate time for proper

preparation and consultation with client after receipt of the reporter’s record. This request

is made in good faith and not for purposes of delay. No party will be prejudiced by the

granting of this motion.

WHEREFORE, Appellant respectfully requests that this Court grant an extension of at

least thirty (30) days, or such time as the Court deems reasonable and just, to file the

Appellant's brief.

Respectfully submitted,

/s/ Kristian McCray Stewart Kristian McCray Stewart SBN 24109312 2911 Turtle Creek Blvd. Suite 300 Dallas, Texas 75219 (469) 207-1534 kristian@msalawfirms.com

2 CERTIFICATE OF SERVICE

The undersigned attorney hereby certifies that a true and correct copy of the foregoing motion has been electronically delivered to John Creuzot, Dallas County District Attorneys Office on this the 26th day of August 2025.

/s/ Kristian McCray Stewart Kristian McCray Stewart

3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Emil Rodriguez on behalf of Kristian McCray Stewart Bar No. 24109312 assistant@msalawfirms.com Envelope ID: 104871264 Filing Code Description: Motion Filing Description: MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF Status as of 8/26/2025 3:13 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Kristian McCrayStewart kristian@msalawfirms.com 8/26/2025 3:11:00 PM SENT

Emil Rodriguez assistant@msalawfirms.com 8/26/2025 3:11:00 PM SENT

Tramaine Francis-Luster paralegal@msalawfirms.com 8/26/2025 3:11:00 PM SENT

John Creuzot john.creuzot@dallascounty.org 8/26/2025 3:11:00 PM SENT