ACCEPTED 08-15-00025-CR EIGHTH COURT OF APPEALS 08-15-00025-CR EL PASO, TEXAS 7/20/2015 12:00:00 AM DENISE PACHECO CLERK
IN THE COURT OF APPEALS
EIGHTH JUDICIAL DISTRICT OF TEXAS FILED IN 8th COURT OF APPEALS EL PASO, TEXAS AT EL PASO 7/20/2015 10:45:00 AM DENISE PACHECO Clerk PAUL C. ERVIN, § Appellant § VS. § NO. 08-15-00025-CR § THE STATE OF TEXAS, § Appellee §
THIRD MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLANT'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, PAUL C. ERVIN, Appellant in the above entitled
and numbered cause, by and through his attorney on appeal, DAVID A.
PEARSON, IV, and files this motion for an extension of thirty (30) days in
which to prepare and file Appellant’s Brief. In support of this motion the
Appellant would show the following:
1. This cause is styled Paul C. Ervin vs. State of Texas, and is numbered
1337034D in the trial court and No. 08-15-00025-CR in the Court of
Appeals-8th District of Texas.
2. That Appellant’s Brief in this cause was due to be filed in the Court of
Appeals on or before 13 July 2015.
1| Motion for Extension 3. That this is Appellant's third request for an extension of time to file the
Appellant's Brief.
4. That the Appellant hereby requests an extension of thirty (30) days, until
12 August 2015, to file the Appellant's Brief and as reasons therefore
would further show the Court that the Attorney for Appellant does not
have sufficient time to prepare Appellant’s Brief on or before 13 July
2015.
5. Appellant is indigent, in custody, and counsel is court appointed.
6. The record in this murder case on appeal consists of approximately 1190
pages of testimony and 122 exhibits. To date Undersigned Counsel has
determined his selected points of error; has completed the statement of
facts section of his brief; has completed reading of the record, and has
outlined a rough draft of the brief. Counsel is requesting until 12 August
2015 to have the necessary time to complete Appellant’s Opening Brief.
Counsel was unable to complete this brief by the 13 July 2015 due date
due to Counsel’s other appellate work in a death penalty case, and
Counsel’s ongoing defense casework, more fully explained below.
Undersigned Counsel maintains a caseload devoted exclusively to
criminal work that is heavily weighted in indigent criminal defense, and
that work requires Counsel to make court appearances daily.
2| Motion for Extension -State of Texas v. Nicholas Ryan Acree, Nos. 1386753, 1376155,
1382616, 1388825, 1410503, 1404360, 372nd District Court, Tarrant
County, Murder, Unlawful possession of firearm, Engaging organized
crime (3 charges), and Possession controlled substance <1g. In these six
cases for one court-appointed client, Undersigned Counsel is
representing an individual who was indicted for 6 cases total, 4 of
which are “3g” aggravated offenses. These cases are further
complicated because the “3g” offenses involve at least 7 co-
defendants and involve alleged gang and organized crime. In the
cases against Undersigned Counsel’s client, Counsel is charged with
the responsibility of full review of over 25 digital discs disclosed by
the state, with the conservative estimate of over 50 hours at least in
length of total time to review. Counsel has expended at 20 hours to
date just in the digital media review.
-Ricky D. Davis v. State of Texas, No. 02-13-00468-CR, Court of
Appeals – 2nd District of Texas, Appellant’s brief due on 15 July 2015.
- Rodney Chase Pettigrew v. State of Texas, No. 02-14-00494-CR, Court
of Appeals – 2nd District of Texas, Capital Murder, Appellant’s brief due
on 10 August 2015.
3| Motion for Extension -State v. Jacque Lamont Anderson, No. 1391500, 432nd District Court,
Tarrant County, Sexual Assault-Continuous. In the above-referenced
case Undersigned Counsel has over 10 items in electronic recordings
and digital media to review.
-State v. Daniel Lynn Davenport, No. 1389184, 372nd District Court,
Tarrant County, Sex Offender Duty Registration-Violation.
-State v. Robert Brandon Morris, No. CR15-0169, 43rd District Court,
Parker County, Injury to Child-Serious Bodily Injury, Mental
Impairment.
-No. 323-101333-15, Tarrant County, Texas, Determinate Sentence trial.
-State of Texas v. James Michael Lee Chestnut, No. 15444, 29th District
Court, Palo Pinto County, Debit Card Abuse.
-State v. Kevin Scott Baum, Jr., Nos. CR14-0742, CR14-0748, 415th
District Court, Parker County, Aggravated Assault Public Servant.
-State v. Randy James Terry, No. CR15-0046, 415th District Court,
Parker County, Engaging in Organized Criminal Activity. In the above-
referenced case Undersigned Counsel has over 95 items in electronic
recordings and digital media to review, conservative estimate of over
45 hours to fully review.
4| Motion for Extension -State v. David Lane Basham, No. 1398744, Criminal District Court
Three, Tarrant County, Aggravated Robbery.
Undersigned Counsel has devoted numerous out-of-court hours to
prepare the above-referenced cases for trial. In most of the above-
referenced cases Undersigned Counsel has logged numerous hours
reviewing electronic recordings and digital media.
7. During the last ninety days Attorney for Appellant has completed the
following:
-Steven Lawayne Nelson v. State, AP-76,924, capital murder, petition for
writ of certiorari filed in U.S. Supreme Court on 13 July 2015.
Undersigned Counsel expended over 22 hours from June to July 2015
to complete the petition for writ of certiorari.
-State v. Joseph Robert Dodson, No. 1316921, 297th District Court,
Tarrant County, Capital Murder, resolved by plea 10 June 2015 after
logging numerous hours.
-State v. Ricardo Veliz, No. 1365527, 213th, Tarrant County, Unlawful
Possession Firearm-Felon-Habitual, resolved at jury trial 1 June 2015.
-Roderick Dixon v. State of Texas, No. 02-14-00379-CR, 02-14-00380-
CR, 02-14-00381-CR, 02-14-00382-CR, Court of Appeals-2nd District of
Texas, Appellant’s brief filed on 11 May 2015.
5| Motion for Extension -State v. Ervinson L. Wiley, No. 1321241, 213th District Court, Tarrant
County, Aggravated Sexual Assault, plea just prior to jury trial set 11
May 2015.
-State of Texas v. Michael D. Washington, No. 1390122, 372nd District
Court, Assault Bodily Injury-Family Violence with Previous Assault
Bodily Injury-Family Violence, Habitual Count, plea at jury trial setting
4 May 2015.
-State v. Daniel Benjamin Baker, No. CR14-0611, 43rd District Court,
Parker County, Aggravated Sexual Assault-Child, Indecency Child-
Contact, plea 21 May 2015.
-State v. Pedro Miguel Ibarra-McDonald, No. 18195, 271st District
Court, Wise County, Aggravated Robbery, plea 4 May 2015.
-Jennifer Banner Wolfe v. State, PD-0292-15, Court of Appeals-2nd
District of Texas; PDR filed in Court of Criminal Appeals on 29 April
8. Personal Time and Professional Responsibilities: Attorney for Appellant
has scheduled summer vacation time in part to attend C.L.E. training.
This CLE training is also necessary in order for Undersigned Counsel to
maintain his CLE hours for felony and misdemeanor court-appointments
and for Board Certification, Criminal Law and Criminal Appellate Law,
6| Motion for Extension recertification requirements.
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ACCEPTED 08-15-00025-CR EIGHTH COURT OF APPEALS 08-15-00025-CR EL PASO, TEXAS 7/20/2015 12:00:00 AM DENISE PACHECO CLERK
IN THE COURT OF APPEALS
EIGHTH JUDICIAL DISTRICT OF TEXAS FILED IN 8th COURT OF APPEALS EL PASO, TEXAS AT EL PASO 7/20/2015 10:45:00 AM DENISE PACHECO Clerk PAUL C. ERVIN, § Appellant § VS. § NO. 08-15-00025-CR § THE STATE OF TEXAS, § Appellee §
THIRD MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLANT'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, PAUL C. ERVIN, Appellant in the above entitled
and numbered cause, by and through his attorney on appeal, DAVID A.
PEARSON, IV, and files this motion for an extension of thirty (30) days in
which to prepare and file Appellant’s Brief. In support of this motion the
Appellant would show the following:
1. This cause is styled Paul C. Ervin vs. State of Texas, and is numbered
1337034D in the trial court and No. 08-15-00025-CR in the Court of
Appeals-8th District of Texas.
2. That Appellant’s Brief in this cause was due to be filed in the Court of
Appeals on or before 13 July 2015.
1| Motion for Extension 3. That this is Appellant's third request for an extension of time to file the
Appellant's Brief.
4. That the Appellant hereby requests an extension of thirty (30) days, until
12 August 2015, to file the Appellant's Brief and as reasons therefore
would further show the Court that the Attorney for Appellant does not
have sufficient time to prepare Appellant’s Brief on or before 13 July
2015.
5. Appellant is indigent, in custody, and counsel is court appointed.
6. The record in this murder case on appeal consists of approximately 1190
pages of testimony and 122 exhibits. To date Undersigned Counsel has
determined his selected points of error; has completed the statement of
facts section of his brief; has completed reading of the record, and has
outlined a rough draft of the brief. Counsel is requesting until 12 August
2015 to have the necessary time to complete Appellant’s Opening Brief.
Counsel was unable to complete this brief by the 13 July 2015 due date
due to Counsel’s other appellate work in a death penalty case, and
Counsel’s ongoing defense casework, more fully explained below.
Undersigned Counsel maintains a caseload devoted exclusively to
criminal work that is heavily weighted in indigent criminal defense, and
that work requires Counsel to make court appearances daily.
2| Motion for Extension -State of Texas v. Nicholas Ryan Acree, Nos. 1386753, 1376155,
1382616, 1388825, 1410503, 1404360, 372nd District Court, Tarrant
County, Murder, Unlawful possession of firearm, Engaging organized
crime (3 charges), and Possession controlled substance <1g. In these six
cases for one court-appointed client, Undersigned Counsel is
representing an individual who was indicted for 6 cases total, 4 of
which are “3g” aggravated offenses. These cases are further
complicated because the “3g” offenses involve at least 7 co-
defendants and involve alleged gang and organized crime. In the
cases against Undersigned Counsel’s client, Counsel is charged with
the responsibility of full review of over 25 digital discs disclosed by
the state, with the conservative estimate of over 50 hours at least in
length of total time to review. Counsel has expended at 20 hours to
date just in the digital media review.
-Ricky D. Davis v. State of Texas, No. 02-13-00468-CR, Court of
Appeals – 2nd District of Texas, Appellant’s brief due on 15 July 2015.
- Rodney Chase Pettigrew v. State of Texas, No. 02-14-00494-CR, Court
of Appeals – 2nd District of Texas, Capital Murder, Appellant’s brief due
on 10 August 2015.
3| Motion for Extension -State v. Jacque Lamont Anderson, No. 1391500, 432nd District Court,
Tarrant County, Sexual Assault-Continuous. In the above-referenced
case Undersigned Counsel has over 10 items in electronic recordings
and digital media to review.
-State v. Daniel Lynn Davenport, No. 1389184, 372nd District Court,
Tarrant County, Sex Offender Duty Registration-Violation.
-State v. Robert Brandon Morris, No. CR15-0169, 43rd District Court,
Parker County, Injury to Child-Serious Bodily Injury, Mental
Impairment.
-No. 323-101333-15, Tarrant County, Texas, Determinate Sentence trial.
-State of Texas v. James Michael Lee Chestnut, No. 15444, 29th District
Court, Palo Pinto County, Debit Card Abuse.
-State v. Kevin Scott Baum, Jr., Nos. CR14-0742, CR14-0748, 415th
District Court, Parker County, Aggravated Assault Public Servant.
-State v. Randy James Terry, No. CR15-0046, 415th District Court,
Parker County, Engaging in Organized Criminal Activity. In the above-
referenced case Undersigned Counsel has over 95 items in electronic
recordings and digital media to review, conservative estimate of over
45 hours to fully review.
4| Motion for Extension -State v. David Lane Basham, No. 1398744, Criminal District Court
Three, Tarrant County, Aggravated Robbery.
Undersigned Counsel has devoted numerous out-of-court hours to
prepare the above-referenced cases for trial. In most of the above-
referenced cases Undersigned Counsel has logged numerous hours
reviewing electronic recordings and digital media.
7. During the last ninety days Attorney for Appellant has completed the
following:
-Steven Lawayne Nelson v. State, AP-76,924, capital murder, petition for
writ of certiorari filed in U.S. Supreme Court on 13 July 2015.
Undersigned Counsel expended over 22 hours from June to July 2015
to complete the petition for writ of certiorari.
-State v. Joseph Robert Dodson, No. 1316921, 297th District Court,
Tarrant County, Capital Murder, resolved by plea 10 June 2015 after
logging numerous hours.
-State v. Ricardo Veliz, No. 1365527, 213th, Tarrant County, Unlawful
Possession Firearm-Felon-Habitual, resolved at jury trial 1 June 2015.
-Roderick Dixon v. State of Texas, No. 02-14-00379-CR, 02-14-00380-
CR, 02-14-00381-CR, 02-14-00382-CR, Court of Appeals-2nd District of
Texas, Appellant’s brief filed on 11 May 2015.
5| Motion for Extension -State v. Ervinson L. Wiley, No. 1321241, 213th District Court, Tarrant
County, Aggravated Sexual Assault, plea just prior to jury trial set 11
May 2015.
-State of Texas v. Michael D. Washington, No. 1390122, 372nd District
Court, Assault Bodily Injury-Family Violence with Previous Assault
Bodily Injury-Family Violence, Habitual Count, plea at jury trial setting
4 May 2015.
-State v. Daniel Benjamin Baker, No. CR14-0611, 43rd District Court,
Parker County, Aggravated Sexual Assault-Child, Indecency Child-
Contact, plea 21 May 2015.
-State v. Pedro Miguel Ibarra-McDonald, No. 18195, 271st District
Court, Wise County, Aggravated Robbery, plea 4 May 2015.
-Jennifer Banner Wolfe v. State, PD-0292-15, Court of Appeals-2nd
District of Texas; PDR filed in Court of Criminal Appeals on 29 April
8. Personal Time and Professional Responsibilities: Attorney for Appellant
has scheduled summer vacation time in part to attend C.L.E. training.
This CLE training is also necessary in order for Undersigned Counsel to
maintain his CLE hours for felony and misdemeanor court-appointments
and for Board Certification, Criminal Law and Criminal Appellate Law,
6| Motion for Extension recertification requirements. Undersigned Counsel in May completed 10
hours in capital case C.L.E. in order to maintain qualifications for
appointment to death penalty cases in the Eighth Judicial Region.
Undersigned Counsel also has some brief summer vacation time to spend
with his family.
9. This motion is not filed for the purpose of delay, but rather so that there
will be sufficient time for the work to be done in a proper manner and for the
effective assistance of counsel.
WHEREFORE, PREMISES CONSIDERED, the Undersigned Counsel
respectfully prays that this Honorable Court extend the time for filing
Appellant’s Brief in this cause until 12 August 2015.
Respectfully Submitted,
DAVID A. PEARSON, P.L.L.C.
By:________________________ David A. Pearson, IV ATTORNEY FOR APPELLANT 222 W. Exchange Ave., Ste. 103 Fort Worth, Texas 76164 (817) 625-8081 FAX: (817) 625-8038 Bar ID# 15690465 E-MAIL: david@lawbydap.com
CERTIFICATE OF SERVICE
7| Motion for Extension I certify that a true and correct copy of the foregoing Third Motion for Extension of Time for Filing Appellant's Brief was e-served (coaappellatealerts@tarrantcounty.com) to the Tarrant County District Attorney’s Office, Hon. Debra Windsor, Chief-Post Conviction, Assistant District Attorney, on the 18th day of July 2015.
David A. Pearson, IV
CERTIFICATE OF CONFERENCE
I certify that a conference was held with Hon. Helena Faulkner, Assistant District Attorney, Tarrant County, Texas, on the 16th day of July 2015, and the State DOES/DOES NOT oppose the Appellant’s foregoing motion.
8| Motion for Extension