State v. Dennis Davis

• Court: Court of Appeals of Texas
• Decided: June 9, 2016
• Docket: 03-15-00620-CR
• Status: Published

Opinion

ACCEPTED 03-15-00620-CR 11058194 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/9/2016 10:41:28 AM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS FOR THE STATE OF TEXAS FILED IN 3rd COURT OF APPEALS STATE OF TEXAS AUSTIN, TEXAS 6/9/2016 10:41:28 AM V. NO. 03-15-00620-CR JEFFREY D. KYLE Clerk DENNIS DAVIS

APPELLEE’S THIRD MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, Dennis Davis, Appellee, by and through his attorney

of record, Linda Icenhauer-Ramirez, and files this his Third Motion for

Extension of Time to Brief and in support thereof, would show the Court the

following:

I.

That the above-styled and numbered cause is styled The State of

Texas v. Dennis Davis, Cause Number 09-900185-CR in the 167th Judicial

District Court of Travis County, Texas. The trial court signed the Order

Setting Aside Indictment For Failure to Afford Constitutional Right to

Speedy Trial on September 9, 2015. On September 10, 2015, the trial court

signed and filed its Findings of Fact and Conclusions of Law Regarding

Defendant’s Motion to Set Aside For Violation of the Sixth Amendment. II.

The State filed its notice of appeal from this decision on September

30, 2015. The State filed its brief on February 8, 2016. The due date for

appellee’s brief is June 9, 2016.

III.

This is Appellee’s third motion for extension of time to file his brief.

Appellee respectfully requests a forty-five day extension of time to file the

brief from today’s date, which would make such brief due on Sunday, July

24, 2016. The next working day is Monday, July 25, 2016.

V.

The undersigned attorney has read the record in this case and has

begun researching the issues and drafting her brief. However, due to

appellate deadlines in other cases she has been unable to complete her

research and file a response to the State’s brief. In the past forty days she

has filed petitions for discretionary review in two cases entitled Linda

Woodman v. State of Texas, Cause Nos. 14-15-00032-CR and 14-15-00033-

CR and a brief on discretionary review in the case of Robert Ritz v. State of

Texas, Cause No. PD-1661-15 in the Texas Court of Criminal Appeals. She

is working on a brief in the case of George Delacruz v. State of Texas, Cause

No. 03-15-00302-CR. The deadline for that brief is July 5, 2016. In addition, she has a busy trial court schedule in Hays County, Travis County

and Williamson County and is scheduled to attend a family reunion in Idaho

from June 16th through June 21st. The undersigned attorney asks that this

extension be granted so that she may effectively represent Appellee and so

that justice may be done in this case.

Respectfully Submitted,

/s/ Linda Icenhauer-Ramirez LINDA ICENHAUER-RAMIREZ Attorney at Law 1103 Nueces Austin, Texas 78701 (512) 477-7991 FAX #: (512) 477-3580 SBN: 10382944 EMAIL: ljir@aol.com

ATTORNEY FOR APPELLEE

CERTIFICATE OF COMPLIANCE

I hereby certify that this motion was computer generated and contains

536 words, as calculated by the word count function on my computer.

/s/ Linda Icenhauer-Ramirez LINDA ICENHAUER-RAMIREZ CERTIFICATE OF SERVICE

I, Linda Icenhauer-Ramirez, hereby certify that a true and correct

copy of the foregoing Appellee’s Third Motion for Extension of Time to

Brief was e-served to Kathryn A. Scales and Scott Taliaferro of the Travis

County District Attorney's Office on this the 9th day of June, 2016.

/s/ Linda Icenhauer-Ramirez LINDA ICENHAUER-RAMIREZ