FILED IN AP-77,040 COURT OF CRIMINALAPPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS November 30, 2015 Transmitted 11/30/2015 1:08:35 PM Accepted 11/30/2015 2:10:32 PM ABELACOSTA, CLERK ABELACOSTA 

### INTHE CLERK COURT OF CRIMINAL APPEALS OF TEXAS 

# CEDRICALLENRICKS, § ^N2^0-^ APPELLANT § PC V. § NO. AP-77,040 I9 ~€-tC 

### § ' 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 ofTexas, by and through the Criminal District Attorney ofTarrant County, Texas, and moves the Court to extend the time for filing the State's briefin this cause to February 1, 2016.
I. In May 2014, Appellant was convicted ofcapital murder and sentenced to 

### death in the371stJudicialDistrictCourtof TarrantCounty, Texas, theHon. Mollee Westfall presiding. The case style and cause number below were The State of Texas v. CedricAllen Ricks, No. 1361004R.
II. The trialjudge signed thejudgment on May 16, 2014. Appeal to this Court
was automatic. Appellant is currently incarcerated.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 briefon August 4, 2015, after being granted extensions 

### totaling 196 days. The State's Briefis currently due on December 2, 2015. The State requests a sixty-day extension oftime to file its brief, thus creating a new due date ofFebruary 1, 2016.
V. 

### The State previously was granted a 120-dayextension oftime 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 oferror. The State cannot complete the 

### State's briefby the current deadline, and good cause exists to extend the time for filing the State's briefas requested herein.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 notoppose the State's motion for extension.
VIII. 

### Counsel has been reading the lengthytrial record, researching the issues, and drafting the State's briefin this cause. Counsel was out ofthe office due to the 

### death ofher father and matters that she has been required to handle as a result. Additionally, counsel attended a CLE course the afternoon ofNovember 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 ofChristopher 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 ofCharging 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 ofthe Criminal District Attorney's Office on August 3-14, 2015, on October 1-7, 2015, and on other days when asked to do so;and reviewed the work of other attorneys in the post-conviction section when requested to do so. Counsel was out ofthe office the week ofNovember 19, 2015; and will be out ofthe office the week ofDecember 21, 2015. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests thatthe Court extendthe time for filing the State's briefto February 1, 2016. Respectfully submitted,
SHAREN WILSON Criminal DistrictAttorney Tarrant County, Texas DEBRA WINDSOR Assistant Criminal DistrictAttorney Chief, Post-Conviction Isi HelenaF. Faulkner HELENA F. FAULKNER Assistant Criminal DistrictAttorney State Bar No. 06855600 401 W.Belknap FortWorth, 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 opposethis motion for extension. Isi Helena F. Faulkner HELENA F. FAULKNERCERTIFICATE 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, marybrabsonO 1@gmail.com; and his habeas counsel, Catherine Clare Bernhard, cbernhard@sbcglobal.net. Isi Helena F. Faulkner HELENA F. FAULKNER