05

- 17 -01264- CR

A NTONIO R

ASHAWNE C ARR § I N THE C OURT OF A PPEALS

V . § FOR THE F IFTH D ISTRICT T HE S TATE OF T EXAS § OF T EXAS AT D ALLAS

S TATE ’ S S ECOND M OTION FOR E XTENSION OF T IME TO F ILE B RIEF

The State of Texas, by and through the Criminal District Attorney of Dallas County, respectfully requests that this Honorable Court extend the time for filing the State’s brief. In support of this motion, the State shows the following:
I. Appellant was charged by indictment with aggravated sexual assault of a child by penetration. See

Tex. Penal Code Ann. § 22.021(a)(2)(B) (West Supp. 2017). Appellant pled not guilty to the charged offense, but a jury found him guilty

. The trial court assessed punishment, enhanced by two prior felony convictions, at thirty-six years’ confinement in the Institutional Division of the Texas Depart ment of Criminal Justice. The trial court certified Appellant’ s right to appeal, and Appellant filed a timely notice of appeal. He also filed a timely motion for new trial and an amended motion for new trial, which w as overruled by operation of law

. This appeal followed. ACCEPTED 05-17-01264-CR FIFTH COURT OF APPEALS

DALLAS, TEXAS 6/5/2018 4:10 PM LISA MATZ CLERK2 II. Appellant filed his brief on March 12, 2018

. The State’s br ief was due on April 11, 2018

. This Honorable Court granted the State’s first motion for extension of time to file brief, setting the new deadline to May 11, 2018. This case is not yet set for submission.
III

. The undersigned counsel was assigned to this appeal on March 13, 2018.
Counsel’s caseload also includes capital writ work on the following cases :

 Carpenter v. State , Dallas County trial court cause number F97

- 77949

- U
 Garcia v. State , Dallas County trial court cause number F01

- 00325

- T Since this Honorable Court granted counsel’s first motion for extension of time, counsel has filed the brief s in response to the appellants’ briefs in Montgomery v. State , cause number 05

- 17

- 01036

- CR , and Garcia v. State , cau se number 05

- 16

- 01415

- CR. Counsel is also presently researching and preparing the State’s briefs in Garcia v.
State , cause number 05

- 17

- 00837

- CR; Norris v. State , 05

- 17

- 01237

- CR; and Arrington v.
State , 05

- 17

- 01194

- CR.
C ounsel has also expended time assisting other Assistant District Attorneys with miscellaneous tasks and performed ot her duties required of her job

. S uch duties
and tasks includ e providing trial support and capital writ support, a s well as participating in and arguing in miscellaneous trial court proceedings. Final ly, counsel spent time away from the office attending mandatory training integral to her3

employment from April 9, 2018, through April 11, 2018, and from Ma y 2, 2018, through May 4, 2018 , d uring which time s counsel was unable to work on her caseload obligations. For all the foregoing reasons, counsel respectfully asks this Honorable Court to extend the deadline for filing the State’s brief until June 5 , 2018

. Counsel has prepared the State’s brief in this ca se as expeditiously as possible and tender s the brief for filing
with this motion. Respectfully submitted,
/s/ Nina L. Scherach N INA L. S CHERACH Assistant District Attorney State Bar No. 24100660 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB

- 19 Dallas, Texas 75207

- 4399 214

- 653

- 3625 (telephone) 214

- 653

- 3643 (fax) Nina.Scherach@dallascounty.org

C ERTIFICATE OF S ERVICE I hereby certify that a true copy of the foregoing motion was served on Tara Cunningham, counsel for Appella nt, by electronic communication through eFileTexas. gov at TaraCunningham@gmail.com , on June 5 , 2018

.
/s/ Nina L. Scherach N INA L. S CHERACH