1 IN THE COURT OF CRIMINAL APPEALS OF TEXAS

JUSTIN LEE GARCIA § CCA NO. ____________ § V. § COA NO. 05-16-01256-CR § THE STATE OF TEXAS § TC NO. MB16-75150 APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE COURT OF CRIMINAL APPEALS: JUSTIN LEE GARCIA, hereinafter “Appellant ,” hereby moves for an extension of time of 45 days for the filing with this Court of Appellant’s petition for discretionary review (PDR), from March 9, 2018, to April 23, 2015. In support of this motion, Appellant would show the following:
I. The trial court below was the County Cr iminal Court Number Two of Dallas County, Texas. The intermed iate appellate court was th e Court of Appeals for the Fifth District of Texas at Dallas. The case in the Fifth Court of Appeals was styled as shown above with cause number 05-16-01256-CR. Appellant was convicted in the trial court below of terroristic threat. A ppellant was sentenced to confinement in the county jail for 150 days. The in termediate appellate court affirmed the trial court’s judgment of conviction on February 7, 2018. See Justin Lee Garcia v. State , Appeal PD-0257-18 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 3/8/2018 11:51 AM Accepted 3/8/2018 12:07 PM DEANA WILLIAMSON

CLERK2 No. 05-16-01256-CR, —S.W.3d— , 2018 WL 739880 (Tex. App. — Dallas Feb. 7, 2018). No motion for rehearing, for rehearing en banc, or for reconsideration has been filed in regard to the opinion and judgment of the intermediate court of appeals in this case. No previous motion for extension has been filed in this Court, such that no previous extensions have been granted or denied.
II. In light of the February 7, 2018 date of the issuance of the opinion and judgment of the intermediate a ppellate court in this case, the current deadline for filing any PDR with this Court is March 9, 2018. See Tex. R. App. P. 4.1(a).
III. The need for an additional briefi ng time is reasonably explained by counsel spending time including as follows since February 7, 2018: (1) Mandatory attendance at Indigent Defens e Seminar, Dallas, Texas, on February 9, 2018; (2) Brief for Appellant in Gladston Edward Wilson v. State , Appeal No. 05-17-00946-CR, tendered to the Fifth Court of Appeals on February 12, 2018; (3) Hearing on appeal bond motion in the 292nd District Court of Dallas County in Eddie Lee Smith, Jr. v.
State , Appeal No. 05-17-01257-CR, on February 16, 2018; (4) 56-page Brief for Appellant in Bilawal Shahzada v. State , Appeal No. 05-17-00391-CR , filed in the Fifth Court of Appeals on March 1, 2018; and (5) Post-Submission Supplemental3 Point of Error/Reply Issue and Letter Brief in Machutta v. State , Appeal No. 05-16- 00846-CR, and State v. Machutta , Appeal No. 05-16-01160-CR, tendered in the Fifth Court of Appeals of Texas on March 7, 2018. Counsel has additional matters pending: (1) mandatory Public Defender training on March 9, 2018; (2) Br ief for Appellant in Tevin Ahere v. State , Appeal No. 05-17- 00737-CR, anticipated to be or dered due on March 19, 2018, pursuant to the February 26, 2018 findings and recommendations of the trial court pursuant to the January 30, 2018 abatement order concerning the st atus of the Appellant’s brief; 1 (3) Brief for Appellant in Anthony Troy Chiplin v. State, Appeal No. 05-17-01052-CR, an appeal from a jury conviction for injury to a child or elderly person, with a reporter’s record consisting of approximately 925 pages, whic h was due in the Fifth Court of Appeals on February 9, 2018, and abated on March 6, 2018 for findings concerning the status of the Brief for Appellant; (4) Brief for Appellant in Michael Bickley v. State , Appeal

1 In addition to the matters specified in Part III, c ounsel completed the following between late December of 2017 and early February of 2018: (1) 91-page Brief for Appellant (12 points of error) in Manuel Fino v. State , Appeal No. 05-17-00169-CR, an appeal from a murd er conviction, filed on December 27, 2017; (2) Voluntary Dismissal in Fino v. State , Appeal No. 05-17-00170-CR, filed in the Fifth Court of Appeals of Texas at Dallas on December 27, 2017; (3) 57-page Brief for Appellant in Leonard Mornes v. State , Appeal No. 05-17-00289-CR, an appeal from a capital murder convicti on, filed in the Fifth Court of Appeals of Texas at Dallas on January 11, 2018; (4) Motion for Reheari ng and Petition for Discretionary Review Evaluation and Rule 48 compliance in 13 cases (Gutierrez, Martin, No. 05-16-00638-CR; Crow, Isaac, No. 05-16-01434- CR; Velazquez, Adrian, No. 05-16-00333-CR; Ager s, Reginale, Nos. 05-16-01419-CR, 05-16-01420-CR, 05- 16-01421-CR, 05-16-01422-CR, 05-16-01423-CR; Canady, Myron, No. 05-17-00119-CR; Dominguez, Jose, Nos. 05-16-01280-CR, 05-16-01281-CR, 05-16-01282-CR; and Green, James, No. 05-17-00082-CR) (6) Motion to Determine Jurisdiction (eight pages) filed in lieu of Brief for Appellant in Michael Bickley v. State , Appeal Nos. 05-17-01189-CR and 05-17-01190-CR, on January 30, 2018; and (7) Brief for Appellant in Eddie Lee Smith v. State , Appeal No. 05-17-01257-CR, filed in the Fifth Court of Appeals of Texas on4 Nos. 05-17-01189-CR and 05-17-01190-CR, with da te for brief to be due to be determined, or dismissal ordered, after reinstatement on jurisdictional findings and recommendations of District Court, set for hearing on March 9, 2018 in the 283rd Judicial District Court of Dallas Count y; and (5) Brief for Appellant in Chelsea Wallace v. State , Appeal No. 05-18-00006-CR, due on March 29, 2018, with no extension requested. In addition, counsel is in need of time to attend to non-briefing matters that resulted in a backlog due to counsel’s recent docket. See Part III and footnote 1, supra , at page 3. IV. Accordingly, Appellant relies on the aforementioned facts as reasonably explaining Appellant’s need to for an extensi on of time to file a PDR with this Court. Appellant respectfully requests an extensi on of time in the length of 45 days, from March 9, 2018, to April 23, 2018. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court will grant the extension requested or order any other relief to wh ich Appellant would be entitled.

February 2, 2018.5 /s/ Christian T. Souza Christian T. Souza Texas Bar No. 00785414 Assistant Public Defender Dallas County Public Defender’s Office 133 N. Riverfront Blvd. LB 2 Dallas, Texas 75207 (214) 653-3550 (phone)
CERTIFICATE OF SERVICE A true and correct copy of the foregoing PDR extension motion has been sent to the Special Prosecutor as follows via su rface mail by deposit into the Dallas County Mail System. Donald J. Guidry The Guidry Law Firm 5787 Main Street, Suite 270 Dallas, Texas 75232

/s/ Christian T. Souza Christian T. Souza