Golliday, Joshua ( 2018 )

PD-0812-17
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/5/2018 11:40 AM
Accepted 3/7/2018 11:31 AM
IN THE TEXAS COURT OF CRIMINAL APPEALS DEANA WILLIAMSON
CLERK
JOSHUA GOLLIDAY, § FILED
COURT OF CRIMINAL APPEALS
APPELLANT § 3/7/2018
§ DEANA WILLIAMSON, CLERK
V. § NO. PD-0812-17
§
THE STATE OF TEXAS, §
APPELLEE §
FIRST MOTION FOR EXTENSION OF TIME
FOR FILING OF STATE’S BRIEF ON THE MERITS
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 Joshua Golliday v. State, cause
number 02-15-00416-CR. The en banc Fort Worth court reversed the
conviction on July 27, 2017. The conviction arose out of a jury trial in
the 371st Judicial District Court of Tarrant County, Hon. Vicki Isaaks &
Mollee Westfall, presiding. The style and number of the case in the trial
court is The State of Texas v. Joshua Golliday, cause number 1379815D.
II.
Appellant was charged with Sexual Assault. CR. I-6. Appellant
pled not guilty. CR. I-113. Appellant was found guilty by the jury.
CR. I-113. Appellant was sentenced to two years, suspended. CR. I-
113. Judgment was entered on October 22, 2015. CR. I-113.
III.
Appellant filed his notice of appeal on October 30, 2015. CR. I-122.
No motion for new trial was filed. Appellant is not incarcerated.
IV.
The current deadline for filing the State’s Brief on the Merits is
March 9, 2018.
V.
No extension has previously been granted regarding the State’s
Brief on the Merits.
VI.
Oral argument was not granted. 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. The Court granted review of five
issues involving numerous items of evidence.
In recent weeks counsel has filed (1) a lengthy reply to the petition
for discretionary review in Chapman v. State, No. PD-1244-17; (2) a
motion to dismiss in Ex parte Jason Ray Dean, No. C-213-W011235-
0508501-A; (3) a motion to dismiss in Ex parte Felix Lyle Cowan, No. C-
4-W011249-1492240-A; and (4) a brief in In the Matter of W.Z., No. 02-
17-00305-CV.
VIII.
Additionally, counsel has a brief due on extension on March 19,
2018 in Billiot v. State, No. 02-17-00139-CR. Finally, counsel will be
leaving the State for a long-planned vacation on March 7, 2018 and will
not return to work until March 15, 2018.
For all of these reasons, counsel requests an additional 30 days –
from March 9, 2018 until Monday April 9, 2018 -- in which to file the
State’s brief on the merits.
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 Monday April 9, 2018.
Respectfully submitted,
SHAREN WILSON
Criminal District Attorney
Tarrant County, Texas
JOSEPH W. SPENCE, Assistant
Criminal District Attorney
Chief, Post-Conviction
/s/ David M. Curl-
DAVID M. CURL, Assistant
Criminal District Attorney
State Bar No. 05254950
Tim Curry Criminal Justice Center
401 W. Belknap
Fort Worth, Texas 76196-0201
(817) 884-1687
FAX (817) 884-1672
COAAppellateAlerts@TarrantCountytx.gov
CERTIFICATE OF COMPLIANCE
There are 453 words in the portions of the document covered by
TEX. R. APP. P. 9.4(i)(1).
/s/ David M. Curl
DAVID M. CURL,
CERTIFICATE OF SERVICE
A true copy of the State’s motion has been e-served to opposing
counsel, Hon. Joshua Golliday, Mr. Don Hase, at
DHnotices@ballhase.com, on this 5th day of March, 2018.
/s/ David M. Curl
DAVID M. CURL,