p a n t' •

IN THE COURT OF CRIMINAL APPEALS

2015 JUN 25 PM 5?!'

AND

384th JUDICIAL DISTRICT COURT

CAUSE NO. 20020D03178-168-2

No. WR-67,418-02

In the 384th District Court (transferred from the 168th District

Court)

El Paso County, Texas

The Honorable Patrick Garcia, Judge Presiding

WR-67,418-02

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 6/25/2015 4:48:11 PM

H0R!lActefJteW6^i(2015 1:09:00 PM

DISTRICT ClJiHK ABELACOSTA

CLERK

t.l. S'AwU L,UUr;l !.

nx IHltVED

EX P^RTE MICHAEL JACQUES, Applicant COURT OF CRIMINAL APPEALS

6/26/2015

ABElAedSTA, CLERK

JOINT MOTION FOR EXTENSION

COME NOW the Applicant, Michael Jacques, by and through his

counsel, the El Paso County Public Defender's Office, and State of

Texas, by and through her counsel, the Honorable Lily Stroud, and

HEREBY jointly move the Court of Criminal Appeals grant the habeas

court and counsel an extension from the current timeline of

Wednesday, July 29, 2015, to Friday, the 30th of October, 2015. In

support of the joint motion, the parties show:

1) The evidentiary hearing on the instant Application was held

on June 16th and 23rd in the 384th District Court, with two

different court reporters.

Joint Motion for Extension

ELECTRONIC

RECORD
2) The transcripts for the hearing have been requested and are

necessary for the parties and the 384th District Court to

utilize in the preparation. of the parties' findings of fact

and conclusions of law, and for the 384th District Court's

review thereof and ultimate entry of its findings of fact and

conclusions of law for submission to the Court.

3) It is believed that the preparation of such transcripts, and

the parties' and the 384th District Court's findings of fact

and conclusions of law will require additional time beyond

the present deadline, and that due to the Court's vacation

schedule, that a continuance must be requested at this time

to ensure that the court reporters, the parties, and the

384th District Court can complete the remaining matters

• needed to comply with this Court's Order entered April 1st of

this year.

4) Attached hereto is the affidavit of Lisa De Mello, the court

reporter for the all day hearing held June 16, 2015,

representing that she needs 60 days from today's date to

complete the transcript for that portion of the hearing.

5) This is the first request for a continuance to extend the

time to finish the matters remaining after the 384th District

Court's evidentiary writ hearing. This Court previously

granted an extension of 60 days for the 384th District Court

Joint Motion for Extension
to resolve earlier fact issue regarding the compliance of the

Applicant's memorandum with Rule 73.1(d) of the Texas Rules

of Appellate Procedure.

6) The parties are jointly seeking this extension not .for

purposes of delay but to see that justice is done.

WHEREFORE, the parties respectfully request the Court grant

this Joint Motion and extend the time for the parties and the

Court to complete all matters pertaining to Application by Friday,

October 30, 2015, and for any other relief deemed proper.

EL PASO COUNTY PUBLIC DEFENDER

Attorneys for the Defendant

By:

ERIC WILLARD

Deputy Public Defender

State Bar No. 00795745

500 E. San Antonio, Ste. 501

El Paso, Texas 79901

915)546-8185/FAX (915)546-8186

JAIME ESPARZA

DISTRICT ATTORNEY

34th JUDICIAL DISTRICT

LILY STROUD

ASST. DISTRICT ATTORNEY

DISTRICT ATTORNEY'S OFFICE

201 EL PASO COUNTY COURTHOUSE

500 E. SAN ANTONIO

EL PASO, TEXAS 79901

(915) 546-2059/FAX (915) 533-5520

SBN 24 046929

Joint Motion for Extension
CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the

foregoing was hand-delivered to the Honorable Patrick Garcia,

384th District Court Judge at the 384th District Court, to the

District Attorney's Office for the 34tl1 Judicial District, and

the El Paso County Public Defender's Office, all at 500 E. San

Antonio, El Paso, Texas 79901, and to the Applicant, Michael

Jacques, at the El Paso County Detention Facility<£-Cell 320, 801

Overland, El Paso, Texas 79901, on this the c^^day of June,

2015.

Joint Motion for Extension
Ex parte: Michael Angela Jacques :,, ,R|f,. , TTQRHc .,

Cause Number 20020D03J78-384-02' 'ja IHEE.ESPARZA

2015 JUN25 ?H I-.5I

Court Reporter's Affidavit of For Extension of Time To File Record on Appeal

June 25, 2015

I, Lisa Marie De Meilo, CSR, Official. CourtReporter in and for the Council ofJudges Administration of

El Paso County, Texas received notice of Appeal inthe above-referenced cause.

1am requesting an Extension of Time to file Reporter's Record . 1will be able to file this Record within

60days. IfI. am able to complete and file the Reporter's Record sooner than this date, I will, ofcourse, do soat

the earliest opportunity.

eOUHtYOfltPASO }

TO BEFOREME SSSB5SSESS5

^-yncn NOTARY PUBLIC

/$/ Lisa Marie De Me-IJo .-yrf^i

Lisa Marie De Meilo, CSR

CSR #3313 Expiration: 12/31/15

Council ofJudges Administration

500 East San Antonio, Room 101

'£! Paso, Texas 79901.

(915) 546-2000, ext. 4352

(915)546-2019 (fax)

ldemello@ejxounty.eom