Johnson, Joe Dale

Opinion

FILED IN PD-1496-14 COURT OF CRIMINALAPPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

May 27, 2015 Transmitted 5/27/2015 4:02:23 PM Accepted 5/27/2015 4:11:48 PM ABELACOSTA,CLERK NO. PD-1496-14 ABEL ACOSTA CLERK

COA NO. 02-11-00253-CR

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COURT OF CRIMINAL APPEALS AUSTIN, TEXAS {p- &- \ S'

fC

JOE DALE JOHNSON 5--~~-fJ Appellant

vs.

THE STATE OF TEXAS Appellee

UNOPPOSED FIRST MOTION BY APPELLANT TO EXTEND TIME TO FILE HIS PRINCIPAL BRIEF ON THE MERITS

Now comes Joe Dale Johnson, appellant in the above-styled and numbered cause, and moves this honorable Court to grant an extension of time to file Appellant's brief. This motion is made according to Rules 38.6 and 10.5(b) of the Texas Rules of Appellate Procedure and for good cause appellant shows the Court < the following:

I.

The Appellant is currently incarcerated in the Texas Department of Criminal Justice-Institutional Division for three consecutive life sentences .

. II.

No prior extensions have been requested or granted.

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III.

This case is on discretionary appeal from the Second Court of Appeals of Fort Worth, Texas.

IV.

Appellant's Brief was due on May 22, 2015.

IV.

Appellant requests a thirty (30) day extension to file his brief. This will extend the filing date until Sunday, June 21, 20.15.

v.

Appellant relies on the following facts as good cause for the requested

extension:

Counsel for Appellant, Jeff Eaves, has been involved m numerous cases, including being retained on several first degree felony charges:

State v. Catlin Wayne Briscoe, 182-663-C, Wichita County, Texas (unindicted case); Injury to Child Causing Death.

State v. Christopher Hernandez, 55,910-B, Wichita 8ounty, Texas Unauthorized Possession of a Firearm by a Felon, TDJC# 01730212, Parole Revocation.

State of Texas v. Robert Earl Collins, 182,323-C, (unindicted cases), Wichita County, Criminal Conspiracy-Aggravated Promotion of Prostitution, Trafficking of Persons, Aggravated Promotion of Prostitution, Compelling Prostitution.

State v. James Liberty, 54,838-A, Money Laundering Over $20,000 and under

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$100,000, on the trial docket of the 30th District Court for the month of April and May, 2015.

State of Texas v. Ashley Calloway, 182,664-B, (unindicted case), Wichita County, Texas, Injury to a Child involving Death.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this thirty (30) day extension of time until June 21, 2015.

Respectfully, submitted,

Jeff Eaves

Attorney at Law

900 8th St., Ste. 1030

Wichita Falls, Texas 76301 Telephone: (940) 322-2002 Facsimile: (940) 322-1001 eaveslaw@att.net

~ffEaves

State Bar 24045820

CERTIFICATE OF CONFERENCE

Prior to the filing of this motion, I personally conferred with First Assistant District Attorney of Wichita County, John Gillespie, on May 27, 2015 and he did not object to granting of this extension of time to file Appellant's Brief on the Merits.

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CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing was mailed AND hand-delivered to Wichita County District Attorney's Office, Wichita County Courthouse, Wichita Falls, Texas 76301 on 27th of May 2015.