State v. Eric Montrell Hickmon

• Court: Court of Appeals of Texas
• Decided: January 2, 2015
• Docket: 05-14-01331-CR
• Status: Published

Opinion

ACCEPTED 05-14-01331-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 1/2/2015 2:10:05 PM LISA MATZ CLERK

IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS FILED IN 5th COURT OF APPEALS DALLAS, TEXAS The State of Texas, 1/2/2015 2:10:05 PM Appellant No. 05-14-01331-CR LISA MATZ v. Clerk No. 05-14-01332-CR Eric Montrell Hickmon, Appellee

State’s First Motion for Extension of Time to File State’s Opening Brief

TO THE HONORABLE JUSTICES OF THIS COURT:

The State of Texas respectfully requests, in accordance with the Texas Rules of

Appellate Procedure,1 that this Court grant the State an extension of time to file the

State’s Opening Brief in the instant cases. In support, the State shows the following:

1. This case is on appeal from the County Criminal Court Number 6 of Dallas

County Texas, in cause nos. M11-42220 and M11-42221. Appellee was charged

with criminal mischief under $1,500 and resisting arrest. The court below

granted Appellee’s motions to quash the information in each case, and the State

now appeals.

2. Appellee is represented on appeal by his counsel, Don Guidry. The State’s brief

is presently due January 5, 2015.

3. The State respectfully requests an extension of time until Wednesday,

February 4, 2015.

1 Tex. R. App. P. 10.5(b), 38.6(d). 4. The undersigned prosecutor will be unable to complete the State’s brief in a

timely manner during the present briefing period for the following reasons:

a. The undersigned is responsible for responding to applications for writs

of habeas corpus on behalf of the State. During the briefing period,

these duties have entailed filing responses in various district courts,

preparing proposed findings of fact and conclusions of law, and

conducting evidentiary hearings.

b. The undersigned maintains an active, full docket of requests for DNA

testing under Chapter 64 of the Texas Code of Criminal Procedure.

5. The State has not previously requested an extension in this case.

The State therefore prays that this Court grant the State’s motion and order the

State’s brief due on February 4, 2015.

Respectfully submitted,

____________________ SUSAN HAWK BRIAN P. HIGGINBOTHAM Criminal District Attorney Assistant District Attorney Dallas County, Texas State Bar No. 24078665 Frank Crowley Courts Building 133 N. Riverfront Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3625 | (214) 653-3643 fax brian.higginbotham@dallascounty.org

2 Certificate of Service

I certify that a true copy of this brief was served on Don Guidry as counsel for

Appellee. Service was made at 2201 Main Street, Suite 1006, Dallas, Texas 75201, and

by email to donguidrylaw@gmail.com, on January 2, 2015.

____________________ Brian P. Higginbotham