State’s Second Motion for Extension of Time to File Brief 1

NO. 06-14-00228-CR

DAVID GARCIA REYES, § COURT OF APPEALS 

APPELLANT § 

 § IN THE SIXTH DISTRICT 

v. § 

§ OF TEXAS AT DALLAS 

THE STATE OF TEXAS, § 

 APPELLEE § 

 

STATE’S SECOND MOTION FOR EXTENSION OF TIME 

TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS: 

 COMES NOW the State of Texas, through the Criminal District Attorney of 

Dallas County, and respectfully requests that this Court extend the deadline for 

filing of the State’s Brief. See Tex. R. App. P. 38.6(d). In support of this Motion, 

the State would show the Court the following: 

I.

On November 7, 2014, a jury found appellant guilty of sexual assault of a 

child and sentenced him to fifteen years’ confinement. 

II.

 Appellant filed his brief on appeal on May 13, 2015. Under Rule 38.6 of the 

Texas Rules of Appellate Procedure, the State’s brief was due June 12, 2015. This 

Court granted the State’s first motion for extension, setting the new deadline to 

ACCEPTED

06-14-00228-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/13/2015 9:27:12 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/13/2015 9:27:12 AM DEBBIE AUTREY Clerk
State’s Second Motion for Extension of Time to File Brief 2

July 13, 2015. The State now seeks a fourteen-day extension of the deadline for 

the filing of its brief, setting the new deadline to July 27, 2015. 

III.

There is a reasonable explanation for the State’s need for an extension. 

Counsel was unable to complete the State’s brief before the original deadline 

because of her busy docket on post-conviction applications for writs of habeas 

corpus as well as a deadline in an accelerated appeal (Dillard v. State, No. 05-15-

00488-CR). Since the deadline for the State’s brief was first extended, the 

undersigned counsel has filed responses to nine more post-conviction applications 

for writs of habeas corpus, along with proposed findings on each writ. Counsel has 

also spent time beginning its investigation into claims of ineffective assistance and 

actual innocence in two post-conviction habeas applications that are currently 

pending. Finally, counsel was assigned in early July to review and edit the written 

work of another attorney in the appellate division of the Dallas County District 

Attorney’s Office. Counsel spent the majority of the past week on this assignment. 

For the foregoing reasons, additional time is necessary for the preparation 

and filing of the State’s brief on this matter. 

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests 

that the filing deadline for the State’s brief be extended to July 27, 2015. 
State’s Second Motion for Extension of Time to File Brief 3

Respectfully submitted,

/s/ Grace E. Shin

Susan Hawk Grace E. Shin

Criminal District Attorney Assistant District Attorney

Dallas County, Texas State Bar No. 24033062

Frank Crowley Courts Bldg.

133 N. Riverfront Blvd., LB-19

Dallas, Texas 75207-4399

(214) 653-3631

(214) 653-3643 fax

CERTIFICATE OF SERVICE

I hereby certify that a true copy of this Motion has been served on 

appellant’s attorney, Kathleen Walsh, via eFile at 

Kathleen.Walsh@dallascounty.org on July 13, 2015.

/s/ Grace E. Shin 

_______________________

Grace E. Shin