Johnson, Joe Dale

• Court: Texas Supreme Court
• Decided: May 28, 2015
• Docket: PD-1496-14
• Status: Published

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

~--c.A_ -t-D 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.

1 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.

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 2 $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.

3 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.