Tillman, Wendi Ann

• Court: Court of Appeals of Texas
• Decided: July 15, 2015
• Docket: WR-83,577-01
• Status: Published

Opinion

WR-83,577-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/14/2015 1:33:32 PM Accepted 7/15/2015 7:56:45 AM NO._______________________________ ABEL ACOSTA CLERK

IN THE RECEIVED COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS 7/15/2015 ABEL ACOSTA, CLERK OF TEXAS EX PARTE WENDI ANN TILLMAN Applicant

vs.

THE STATE OF TEXAS Respondent

ON APPLICATION FOR WRIT OF HABEAS CORPUS TH TO THE 368 JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY TEXAS NO.

STATE’S MOTION FOR EXTENSION OF TIME

Jana Duty District Attorney Williamson County, Texas

John C. Prezas State Bar No: 24041722 Assistant District Attorney 405 Martin Luther King, Box 1 Georgetown, Texas 78626 (512) 943-1234 (512) 943-1255 (fax) jprezas@wilco.org NOW COMES THE STATE OF TEXAS, by and through her Assistant

District Attorney, John C. Prezas, and moves the Court, pursuant to Article 11.07

of the Texas Code of Criminal Procedure and Tex. R. App. Pro. 73.5, to allow the

parties additional time to investigate and submit proposed findings of fact and

conclusions of law, as well as any supporting affidavits or documentation to the

trial court. In support of its motion, the State would show the Court the following:

1. Wendi Ann Tillman (hereinafter “Applicant”) filed an application for a writ of

habeas corpus in cause 06-1062-K368 in the 368th Judicial District Court in

Williamson County Texas, the trial court, on February 17, 2015.

2. The State filed its answer in that cause on February 27, 2015.

3. The trial court entered an Order Designating Issues on March 3, 2015.

4. Applicant filed her proposed findings of fact and conclusions of law on May 12,

2015.

5. The State recently submitted a motion for additional time to the trial court,

seeking an order granting the parties until September 26, 2015, to submit

proposed findings of fact and conclusions of law, as well as any supporting

affidavits or documentation, on or before July 14, 2015.

6. That proposed due date falls outside of the 180 day time period contemplated

by Tex. R. App. Pro. 73.5. Therefore, the State has filed this motion in hopes that this Court will allow for the additional time it has requested from the trial

court to obtain affidavits responsive to the issues designated by the trial court.

7. The State intends to use the additional time to obtain affidavits from Mr. Greg

Terra, Mr. Dario Bargas, and Ms. Amber Hinson, the attorneys who represented

applicant at various stages of the case and whom she argues have rendered her

ineffective assistance of counsel.

8. Mr. Prezas has corresponded extensively with Mr. Terra and knows Mr. Terra

to be preparing an affidavit currently. Mr. Terra has asked for additional time

to do so.

9. Mr. Prezas has also corresponded with Mr. Bargas who is currently reviewing

his file regarding this matter. Mr. Prezas recently learned of Ms. Hinson’s

involvement and is seeking further information from her as well.

10. Mr. Prezas believes these additional affidavits and additional information will

significantly assist the trial court in evaluating applicant’s claims and resolving

the issues it has designated. WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully

requests that this Court grant its motion for an additional time to provide these

affidavits and information related thereto to the trial court and designate some date

after September 26, 2015, by which the trial court must provide to this Court its

findings of fact and conclusions of law.

Respectfully submitted,

/s/ John C. Prezas John C. Prezas Assistant District Attorney State Bar Number 24041722 405 Martin Luther King #1 Georgetown, Texas 78626 (512) 943-1248 (512) 943-1255 (fax) jprezas@wilco.org

Certificate of Service

This is to certify that on July 14, 2015, a copy of the foregoing motion has been sent to Appellant by certified mail to Wendi A. Tillman at the following address: William P. Hobby Unit, 742 FM 712, Marlin, TX 76661.

/s/ John C. Prezas John C. Prezas