Wolfe, Jennifer Banner

Opinion

PD-0292-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 11/30/2015 4:58:39 PM Accepted 12/1/2015 7:51:08 AM ABEL ACOSTA

IN THE TEXAS COURT OF CRIMINAL APPEALS CLERK

JENNIFER BANNER WOLFE, § APPELLANT § §

v. § NO. PD-0292-15 §

THE STATE OF TEXAS § APPELLEE § December 1, 2015

FIRST MOTION FOR EXTENSION OF TIME FOR FILING OF STATE’S MERIT BRIEF

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The State requests that the Court grant an extension of time for the filing of the State’s merit brief in this case. The following allegations are made in support of this motion:

-I-

The court below is the Second Court of Appeals. The style and number of the interim appellate case is Jennifer Banner Wolfe v. State, cause number 02-12-00188-CR. The Fort Worth court affirmed the conviction on February 26, 2015. The conviction arose out of a bench trial in the 213TH Judicial District Court of Tarrant County, Hon. Louis E. Sturns, presiding. The style and number of the case in the trial court is The State of Texas v. Jennifer Banner Wolfe, cause number 1200447D.

Motion for Extension of Time for Filing of State’s Brief Page 2

- II -

The trial court convicted Appellant of injury to a child and sentenced her to five years’ confinement. Appellant is not incarcerated.

- III -

Appellant perfected this appeal on April 27, 2012, the date she filed notice of appeal.

- IV -

The current deadline for filing the State’s merit brief is December 2, 2015.

-V-

No extension has previously been granted regarding the State’s merit brief. Appellant received one extension of time.

- VI -

The submission date in this case is not yet set. Therefore, this requested extension will not delay submission.

- VII -

The extension is not requested for purposes of delay, but rather to adequately brief the legal issues.

Motion for Extension of Time for Filing of State’s Brief Page 3

- VIII –

Additionally, counsel has had the following other obligations which have prevented her from filing the State’s merit brief. Before the Second Court of Appeals, counsel filed her State’s brief in an interlocutory State’s appeal, State v. Connie Torrez, cause number 02-15-00150-CR, raising three points of error. Counsel also researched and reviewed a case for another State’s appeal, filing her notice of appeal and also requesting and receiving additional findings and conclusions, as well: State v. Tino Defranco, cause number 1381770 in County Criminal Court Number Eight and cause number 02-15-00408-CR on appeal. Before the Seventh Court of Appeals, counsel filed her State’s reply brief in Jon M. McKinney v. State, cause number 07-15-00116-CR, replying to four points of error arising out of an eight-volume record with hundreds of exhibits that led to multiple convictions for child pornography, sexual performance, and indecency by exposure. For all of these reasons, counsel requests an additional 30 days in which to file the State’s merit brief.

Motion for Extension of Time for Filing of State’s Brief Page 4

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that the Court grant this First Motion for Extension of Time for Filing of State’s Merit Brief and extend the time for filing of the State’s merit brief for 30 days until January 4, 2016.

Respectfully submitted,

SHAREN WILSON

Criminal District Attorney Tarrant County, Texas

DEBRA WINDSOR, Assistant

Criminal District Attorney Chief, Post-Conviction

/s/ Tanya S. Dohoney

TANYA S. DOHONEY, Assistant Criminal District Attorney State Bar No. 02760900

Tim Curry Criminal Justice Center 401 W. Belknap

Fort Worth, Texas 76196-0201 (817) 884-1687

FAX (817) 884-1672

COAAppellateAlerts@TarrantCountytx.gov

Motion for Extension of Time for Filing of State’s Brief Page 5

CERTIFICATE OF SERVICE

A true copy of the State’s motion has been e-served to opposing counsel, Hon. David A. Pearson at david@lawbydap.com, 222 W. Exchange Suite 103, Fort Worth, Texas 76164, on this 30th day of November, 2015.

/s/ Tanya S. Dohoney

TANYA S. DOHONEY

H:\DOHONEY.D11\MOTIONS\113015 wolfe 1x merit.docx