Hollins Jr., Roosevelt v. State

• Court: Court of Appeals of Texas
• Decided: January 11, 2013
• Docket: 05-12-00835-CR
• Status: Published

Opinion

ACCEPTED 225EFJ017259893 FIFTH COURT OF APPEALS DALLAS, TEXAS 13 January 8 P2:34 Lisa Matz In the CLERK Court of Appeals for the Fifth District of Texas at Dallas FILED IN 5th COURT OF APPEALS DALLAS, TEXAS ROOSEVELT HOLLINS, JR., § 1/8/2013 2:34:46 PM APPELLANT § No. 05-12-00835-CR LISA MATZ § Clerk V. § § THE STATE OF TEXAS, § APPELLEE §

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

COMES NOW, the State of Texas, by and through the Criminal District

Attorney of Collin County, Greg Willis, and tenders, pursuant to Texas Rules of

Appellate Procedure 10.5(b) and 38.6(d), this motion for an extension of time to

file the State’s brief. In support of this motion, the State would show the following:

I.

The Court below is the 219th Judicial District Court of Collin County,

Texas. The case is styled The State of Texas v. Roosevelt Hollins, Jr., cause

number 219-83183-2011.

II.

Appellant was convicted of failure to comply with the registration

requirements for a sex offender by failing to timely report his change of address

and sentenced to five years in prison. III.

The State’s brief was due November 23, 2012. The State has not previously

requested an extension of time. To the best of the undersigned’s knowledge, the

case has not been set for submission.

IV.

The State is requesting this extension so that it might adequately respond to

Appellant’s brief, and it includes its brief with this motion. The extension is not

requested for the purpose of an improper delay.

V.

The State alleges good cause exists for the extension. During the pendency

of the brief in this case the undersigned has been preparing the State’s findings of

fact and conclusions of law in the case Ex parte Ernest Lucky Perez. Also, the

undersigned moved in the month of December and was also out of the office to

celebrate the holidays. Finally, in recent days the undersigned has been ill with the

flu.

2 VI.

WHEREFORE, premises considered, the State respectfully requests that the

Court grant the State’s motion to extend the time to file its brief for 46 days, until

January 8, 2013.

Respectfully submitted,

GREG WILLIS Criminal District Attorney Collin County, Texas

JOHN R. ROLATER, JR. Assistant Criminal District Attorney Chief of the Appellate Division

/s/ Katharine K. Decker KATHARINE K. DECKER Assistant Criminal District Attorney 2100 Bloomdale Road, Suite 200 McKinney, Texas 75071 State Bar No. 05630480 (972) 548-4323 FAX (214) 491-4860

CERTIFICATE OF SERVICE

A true copy of the State’s First Motion for Extension of Time to File State’s

Brief has been mailed to counsel for Appellant, Shawn S. Ismail, 1400 Gables

Court, Plano, Texas 75075-2013, on this, the 8th day of January, 2013.

/s/ Katharine K. Decker Katharine K. Decker