Thomas J. Ellis v. State

• Court: Court of Appeals of Texas
• Decided: December 21, 2015
• Docket: 05-15-00950-CR
• Status: Published

Opinion

ACCEPTED 05-15-00950-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 12/21/2015 10:44:21 AM LISA MATZ CLERK

NO. 05-15-00950-CR

THOMAS J. ELLIS § IN THE COURT OF APPEALS FILED IN 5th COURT OF APPEALS VS. § DALLAS, TEXAS FOR THE FIFTH DISTRICT 12/21/2015 10:44:21 AM THE STATE OF TEXAS § OF TEXAS AT DALLAS LISA MATZ Clerk

ON APPEAL FROM THE COUNTY CRIMINAL COURT NO. 3 OF DALLAS COUNTY, TEXAS IN CAUSE NO. MA13-70570-C

APPELLANT’S SECOND MOTION TO EXTEND THE TIME FOR FILING THE APPELLANT’S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW the Appellant, Thomas Jeffrey Ellis, and respectfully

requests that the time for the filing of the Appellant’s brief in the above-styled and

numbered causes be extended. In support of this motion the Appellant would

show the Court the following:

I.

Appellant was convicted of criminal mischief and was sentenced to 180

days in the county jail, probated for 12 months and a $300 fine.

II.

The deadline for the filing of the Appellant’s brief is December 25, 2015.

Appellant respectfully requests an extension until January 24, 2016. III.

One previous extension of time has been requested.

IV.

The facts on which the Appellant relies to reasonably explain the need for

this extension are as follows:

Kathleen Walsh was previously assigned this case. The undersigned

attorney was assigned this case on December 15, 2015 due to Ms. Walsh’s

retirement from the Dallas County District Attorney’s Office. Furthermore, the

undersigned attorney is currently writing a brief in cause numbers 05-15-00961-

CR and 05-15-00962-CR styled Maurice Lasalle Jefferson v. State of Texas

pending in the 5th District Court of Appeals, Dallas, Texas. The undersigned

attorney is also currently writing a brief in cause number 05-15-01022-CR styled

Lauro Arizpe v. State of Texas pending in the 5th District Court of Appeals, Dallas,

Texas.

WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully

requests that the time for the filing of the Appellant’s brief be extended until

January 24, 2016. Respectfully submitted,

/s/ Nanette Hendrickson Lynn Richardson Nanette Hendrickson Chief Public Defender Assistant Public Defender Dallas County, Texas State Bar No. 24081423 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-2 Dallas, Texas 75207-4399 (214) 653-3582 (phone) (214) 653-3539 (fax)

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing brief was served on the Dallas County Criminal District Attorney’s Office (Appellate Section), 133 N. Riverfront Blvd., LB-19, 10th Floor, Dallas, Texas, 75207, by electronic service to Lori Ordiway at DCDAAppeals@dallascounty.org and hand delivery on December 21, 2015.

/s/ Nanette Hendrickson Nanette Hendrickson