Order entered January 1 7 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 18 - 01025 - CR No. 05 - 18 - 01026 - CR No. 05 - 18 - 01027 - CR PHILLIP BRUCE CROCKE TT, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court

Dallas County, Texas Trial Court Cause No s . F16 - 76525 - U , F16 - 76526 - U , & F16 - 76527 - U 

### O RDER Appellant’s counsel has moved this court to extend the time to file the opening brief in these ca ses , counsel’s second such motion in th e s e case s . That same day, January 14, 2019, counsel filed substantially similar motions in four other appeals
. Specifically, the motion includes a paragraph discussing counsel’s recent completion of a paper for a con tinuing legal education presentation. Counsel has given insufficient basis for this to be the primary reason for his failure to complete the appellant’s brief. Preparing for a continuing legal education presentation, while laudable, should not preempt a la wyer’s preparation of work due to the court
. See Tex. Disciplinary R ules Prof’l Cond. R. 3.02, cmt. 3.And the rest of the motion gives scant basis for granting the extension. In this, and in

each of the four other motions for extension of time filed Janua ry 14, 2019, counsel cites the other four cases as part of the basis for his extension request s. This provides no basis on which to grant the extension in this case. Counsel cites two cases outside of the five with pending motions for extension to justify the extension request. In the first, counsel represents he is preparing a motion for panel rehearing due on first extension January 18, 2019. But two of the three panel members who decided that case have departed this court, and counsel’s motion for panel rehearing “must be denied.” See Tex. R. App. P. 49.3. This provides insufficient basis for extending the time in this case. In the second, counsel represents he is “co

- counsel” in a capital murder appeal , number 05

- 18

- 00865

- CR
. T he case is a “mini

- cap,” a death

- penalty

- eligible case in which the State did not seek the death penalty. The entire trial and sentencing record in that case, at 120 pages, is shorter than the voir dire, which is 139 pages long . Counsel provides no explanation why his work as co

- co unsel on that appeal justifies the extension here and thus this provides insufficient basis for granting counsel’s requested extension in this case. Finally, in his prayer, counsel cites rule 68.2(a), which sets forth the considerations in determining the due date for a petition for discretionary review to the Court of Criminal Appeals. This rule is inapplicable here. The court GRANTS the motion in th e s e case s based on counsel’s representation that he has spent significant time preparing briefing in Cortne y Woods v. State , No. 05

- 18

- 0 0 444

- CR, that he has identified and articulated specific issues in that case, that the brief in that case “should be” completed and filed on January 19, 2019 , and that this is counsel’s second request forextension in this case
. W ork on a single appeal alone will not ordinarily satisfy rule

10.5(b)(1)(C)’s reasonableness inquiry. The Court ORDERS Appellant’s bri ef in the s e case s due February 19 , 2019
.

/s/ CORY L. CARLYLE JUSTICE