Terry C. Shelton v. State ( 2018 )

ACCEPTED 05-17-00900-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 3/26/2018 5:07 PM No. 05-17-00900-CV LISA MATZ No. 05-17-00901-CV CLERK No. 05-17-00902-CV No. 05-17-00903-CV FILED IN 5th COURT OF APPEALS DALLAS, TEXAS IN THE COURT OF APPEALS 03/26/2018 5:07:22 PM FOR THE FIFTH DISTRICT OF TEXAS LISA MATZ AT DALLAS, TEXAS Clerk _____________________________ TERRY C. SHELTON, APPELLANT v. THE STATE OF TEXAS, APPELLEE _____________________________ STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE ITS BRIEF _____________________________ TO THE HONORABLE COURT OF APPEALS: The State of Texas, by and through the Criminal District Attorney of Dallas County, respectfully requests this Honorable Court to extend the time for filing the State’s brief. In support of this motion, the State shows the following: I. Appellant was indicted by a Dallas County grand jury of four separate offenses of aggravated robbery. (CR1: 6; CR2: 5; CR3: 7; CR4: 7).1 Appellant pled guilty and was assessed a punishment of 50 years’ incarceration in each cause to 1 For convenience, the clerk’s record for cause number F09-20518 (Appeal No. 05-17-00900- CV) will be referred to as “CR1,” the clerk’s record for cause number F09-73040 (Appeal No. 05-17-00901-CV) will be referred to as “CR2,” the clerk’s record for cause number F10-21198 (Appeal No. 05-17-00902-CV) will be referred to as “CR3,” and the clerk’s record for cause number F10-55874 (Appeal No. 05-17-00903-CV) will be referred to as “CR4.” run concurrently. (CR1: 20; CR2: 13; CR3: 22; CR4: 16). Six years later, Appellant filed with the trial court a motion to rescind withdrawal of funds from his inmate trust account and restore funds. (CR1: 48–54; CR2: 22–28; CR3: 28–34; CR4: 26–32). The trial court subsequently denied the motion. (CR1: 95; CR2: 69; CR3: 75; CR4: 74). Appellant timely filed notice of appeal in each cause. (CR4: 85). These appeals follow. II. Appellant filed his brief in this Honorable Court on February 26, 2018. The State’s brief is due March 28, 2018. This is the State’s first request for an extension of time. This case is not set for submission. III. This extension is not sought for the purpose of delaying this appeal. Rather, in addition to other responsibilities—including Public Information Act requests— Counsel has recently submitted responses and letter briefs to this Honorable Court in In re Juan Suarez, 05-18-00191–00193-CV; In re Quincey Blakely, 05-18- 00212-CV; and Quincy Blakely v. State, 05-18-00064-CR. Counsel needs additional time to conduct the necessary research and review of the entire record to adequately respond to Appellant’s contentions. For all the foregoing reasons, the State respectfully requests that this Court extend the State’s deadline for filing the State’s brief until April 28, 2018. Respectfully submitted, FAITH JOHNSON /s/ Ricardo Vela, Jr.________ Criminal District Attorney RICARDO VELA, JR. Dallas County, Texas Assistant District Attorney State Bar Number 24072800 Frank Crowley Building 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207-4399 (214) 653-3625 (phone) (214) 653-3643 (fax) ricardo.vela@dallascounty.org CERTIFICATE OF SERVICE I, Ricardo Vela, Jr., Assistant District Attorney, hereby certify that a true copy of the foregoing motion has been served on Terry C. Shelton via US Mail to A.B. Polunsky Unity, 3872 FM 350 South, Livingston, Texas 77351, on March 27, 2018. /s/Ricardo Vela, Jr.________ RICARDO VELA, JR. Assistant District Attorney