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IN THE 

COURT OF CRIMINAL APPEALS OF TEXAS

CEDRIC ALLEN RICKS, § 

 APPELLANT § 

V. § NO. AP-77,040

§ 

THE STATE OF TEXAS, § 

APPELLEE § 

STATE’S SECOND MOTION FOR EXTENSION OF TIME 

TO FILE THE STATE’S BRIEF

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW, The State of Texas, by and through the Criminal District 

Attorney of Tarrant County, Texas, and moves the Court to extend the time for 

filing the State’s brief in this cause to February 1, 2016. 

I. 

In May 2014, Appellant was convicted of capital murder and sentenced to 

death in the 371st Judicial District Court of Tarrant County, Texas, the Hon. Mollee 

Westfall presiding. The case style and cause number below were The State of 

Texas v. Cedric Allen Ricks, No. 1361004R. 

II. 

The trial judge signed the judgment on May 16, 2014. Appeal to this Court 

was automatic. Appellant is currently incarcerated.

AP-77,040

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 11/30/2015 1:08:35 PM

Accepted 11/30/2015 2:10:32 PM

ABEL ACOSTA

CLERK
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III.

The clerk’s record was filed on September 15, 2014. The reporter’s record 

was filed on December 18, 2014. 

IV.

Appellant filed his brief on August 4, 2015, after being granted extensions 

totaling 196 days. The State’s Brief is currently due on December 2, 2015. The 

State requests a sixty-day extension of time to file its brief, thus creating a new due 

date of February 1, 2016. 

V.

The State previously was granted a 120-day extension of time to file its brief 

in this cause. 

VI.

This extension is not requested for purposes of delay. This extension is 

necessary to allow the State adequate time in this death-penalty appeal to research 

and respond to Appellant’s twenty points of error. The State cannot complete the 

State’s brief by the current deadline, and good cause exists to extend the time for 

filing the State’s brief as requested herein. 
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VII.

Counsel for Appellant, the Hon. Mary B. Thornton, informed the 

undersigned counsel for the State during a telephone conversation on November 

17, 2015, that she does not oppose the State’s motion for extension. 

VIII.

Counsel has been reading the lengthy trial record, researching the issues, and 

drafting the State’s brief in this cause. Counsel was out of the office due to the 

death of her father and matters that she has been required to handle as a result. 

Additionally, counsel attended a CLE course the afternoon of November 13, 2015; 

assisted in gathering records in death-penalty cases handled by the Criminal 

District Attorney’s Office where DNA testing was performed; handled various 

matters relating to the death-penalty case of Christopher Chubasco Wilkins, Nos. 

AP-75,878 (direct appeal) & WR-75,229-01 (initial habeas petition), before and 

after the October 28, 2015, execution date was withdrawn; updated her lengthy 

paper entitled “State Law of Charging Instruments,” published every two years by 

Thompson Reuters; filed the State’s brief in Rafael Rodriguez v. The State of 

Texas, No. 02-14-00377-CR, on September 14, 2015; handled administrative 

duties in the post-conviction section of the Criminal District Attorney’s Office on 

August 3-14, 2015, on October 1-7, 2015, and on other days when asked to do so; 
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and reviewed the work of other attorneys in the post-conviction section when 

requested to do so. Counsel was out of the office the week of November 19, 2015; 

and will be out of the office the week of December 21, 2015. 

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests 

that the Court extend the time for filing the State’s brief to February 1, 2016.

Respectfully submitted,

SHAREN WILSON

Criminal District Attorney

Tarrant County, Texas

DEBRA WINDSOR

Assistant Criminal District Attorney

Chief, Post-Conviction

/s/ Helena F. Faulkner 

HELENA F. FAULKNER 

Assistant Criminal District Attorney

State Bar No. 06855600

401 W. Belknap

Fort Worth, Texas 76196-0201

(817) 884-1687

FAX (817) 884-1672

CCAappellatealerts@tarrantcountytx.gov

CERTIFICATE OF CONFERENCE

On November 17, 2015, Appellant’s counsel, Mary B. Thornton, informed 

the undersigned counsel that she does not oppose this motion for extension. 

/s/ Helena F. Faulkner 

HELENA F. FAULKNER
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CERTIFICATE OF SERVICE

On November 30, 2015, a copy of the State’s motion was e-served on 

Appellant’s direct-appeal counsel Mary B. Thornton, marybrabson01@gmail.com; 

and his habeas counsel, Catherine Clare Bernhard, cbernhard@sbcglobal.net. 

/s/ Helena F. Faulkner 

HELENA F. FAULKNER