1| Motion for Extension 

IN THE COURT OF APPEALS 

EIGHTH JUDICIAL DISTRICT OF TEXAS 

AT EL PASO 

PAUL C. ERVIN, §

Appellant § 

VS. § NO. 08-15-00025-CR

 §

THE STATE OF TEXAS, § 

Appellee § 

THIRD MOTION FOR EXTENSION OF TIME IN WHICH TO FILE

APPELLANT'S BRIEF 

TO THE HONORABLE COURT OF APPEALS: 

 COMES NOW, PAUL C. ERVIN, Appellant in the above entitled 

and numbered cause, by and through his attorney on appeal, DAVID A. 

PEARSON, IV, and files this motion for an extension of thirty (30) days in 

which to prepare and file Appellant’s Brief. In support of this motion the 

Appellant would show the following: 

1. This cause is styled Paul C. Ervin vs. State of Texas, and is numbered 

1337034D in the trial court and No. 08-15-00025-CR in the Court of 

Appeals-8th District of Texas. 

2. That Appellant’s Brief in this cause was due to be filed in the Court of 

Appeals on or before 13 July 2015. 

08-15-00025-CR

ACCEPTED

08-15-00025-CR

EIGHTH COURT OF APPEALS

EL PASO, TEXAS

7/20/2015 12:00:00 AM

DENISE PACHECO

CLERK

 FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 7/20/2015 10:45:00 AM DENISE PACHECO Clerk
2| Motion for Extension

3. That this is Appellant's third request for an extension of time to file the 

Appellant's Brief.

4. That the Appellant hereby requests an extension of thirty (30) days, until 

12 August 2015, to file the Appellant's Brief and as reasons therefore 

would further show the Court that the Attorney for Appellant does not 

have sufficient time to prepare Appellant’s Brief on or before 13 July

2015.

5. Appellant is indigent, in custody, and counsel is court appointed.

6. The record in this murder case on appeal consists of approximately 1190 

pages of testimony and 122 exhibits. To date Undersigned Counsel has 

determined his selected points of error; has completed the statement of 

facts section of his brief; has completed reading of the record, and has 

outlined a rough draft of the brief. Counsel is requesting until 12 August 

2015 to have the necessary time to complete Appellant’s Opening Brief. 

Counsel was unable to complete this brief by the 13 July 2015 due date 

due to Counsel’s other appellate work in a death penalty case, and 

Counsel’s ongoing defense casework, more fully explained below. 

Undersigned Counsel maintains a caseload devoted exclusively to 

criminal work that is heavily weighted in indigent criminal defense, and 

that work requires Counsel to make court appearances daily.
3| Motion for Extension

-State of Texas v. Nicholas Ryan Acree, Nos. 1386753, 1376155,

1382616, 1388825, 1410503, 1404360, 372nd District Court, Tarrant 

County, Murder, Unlawful possession of firearm, Engaging organized 

crime (3 charges), and Possession controlled substance <1g. In these six 

cases for one court-appointed client, Undersigned Counsel is 

representing an individual who was indicted for 6 cases total, 4 of 

which are “3g” aggravated offenses. These cases are further 

complicated because the “3g” offenses involve at least 7 codefendants and involve alleged gang and organized crime. In the

cases against Undersigned Counsel’s client, Counsel is charged with 

the responsibility of full review of over 25 digital discs disclosed by 

the state, with the conservative estimate of over 50 hours at least in 

length of total time to review. Counsel has expended at 20 hours to 

date just in the digital media review. 

-Ricky D. Davis v. State of Texas, No. 02-13-00468-CR, Court of 

Appeals – 2nd District of Texas, Appellant’s brief due on 15 July 2015.

- Rodney Chase Pettigrew v. State of Texas, No. 02-14-00494-CR, Court 

of Appeals – 2nd District of Texas, Capital Murder, Appellant’s brief due 

on 10 August 2015.
4| Motion for Extension

-State v. Jacque Lamont Anderson, No. 1391500, 432nd District Court, 

Tarrant County, Sexual Assault-Continuous. In the above-referenced 

case Undersigned Counsel has over 10 items in electronic recordings 

and digital media to review.

-State v. Daniel Lynn Davenport, No. 1389184, 372nd District Court, 

Tarrant County, Sex Offender Duty Registration-Violation.

-State v. Robert Brandon Morris, No. CR15-0169, 43rd District Court, 

Parker County, Injury to Child-Serious Bodily Injury, Mental 

Impairment.

-No. 323-101333-15, Tarrant County, Texas, Determinate Sentence trial.

-State of Texas v. James Michael Lee Chestnut, No. 15444, 29th District 

Court, Palo Pinto County, Debit Card Abuse.

-State v. Kevin Scott Baum, Jr., Nos. CR14-0742, CR14-0748, 415th 

District Court, Parker County, Aggravated Assault Public Servant.

-State v. Randy James Terry, No. CR15-0046, 415th District Court, 

Parker County, Engaging in Organized Criminal Activity. In the abovereferenced case Undersigned Counsel has over 95 items in electronic 

recordings and digital media to review, conservative estimate of over 

45 hours to fully review. 
5| Motion for Extension

-State v. David Lane Basham, No. 1398744, Criminal District Court 

Three, Tarrant County, Aggravated Robbery.

Undersigned Counsel has devoted numerous out-of-court hours to 

prepare the above-referenced cases for trial. In most of the abovereferenced cases Undersigned Counsel has logged numerous hours 

reviewing electronic recordings and digital media. 

7. During the last ninety days Attorney for Appellant has completed the 

following:

-Steven Lawayne Nelson v. State, AP-76,924, capital murder, petition for 

writ of certiorari filed in U.S. Supreme Court on 13 July 2015. 

Undersigned Counsel expended over 22 hours from June to July 2015

to complete the petition for writ of certiorari.

-State v. Joseph Robert Dodson, No. 1316921, 297th District Court, 

Tarrant County, Capital Murder, resolved by plea 10 June 2015 after 

logging numerous hours.

-State v. Ricardo Veliz, No. 1365527, 213th, Tarrant County, Unlawful 

Possession Firearm-Felon-Habitual, resolved at jury trial 1 June 2015.

-Roderick Dixon v. State of Texas, No. 02-14-00379-CR, 02-14-00380-

CR, 02-14-00381-CR, 02-14-00382-CR, Court of Appeals-2

nd District of 

Texas, Appellant’s brief filed on 11 May 2015.
6| Motion for Extension

-State v. Ervinson L. Wiley, No. 1321241, 213th District Court, Tarrant 

County, Aggravated Sexual Assault, plea just prior to jury trial set 11 

May 2015.

-State of Texas v. Michael D. Washington, No. 1390122, 372nd District 

Court, Assault Bodily Injury-Family Violence with Previous Assault 

Bodily Injury-Family Violence, Habitual Count, plea at jury trial setting 

4 May 2015. 

-State v. Daniel Benjamin Baker, No. CR14-0611, 43

rd District Court, 

Parker County, Aggravated Sexual Assault-Child, Indecency ChildContact, plea 21 May 2015.

-State v. Pedro Miguel Ibarra-McDonald, No. 18195, 271st District 

Court, Wise County, Aggravated Robbery, plea 4 May 2015. 

-Jennifer Banner Wolfe v. State, PD-0292-15, Court of Appeals-2

nd

District of Texas; PDR filed in Court of Criminal Appeals on 29 April 

2015.

8. Personal Time and Professional Responsibilities: Attorney for Appellant 

has scheduled summer vacation time in part to attend C.L.E. training.

This CLE training is also necessary in order for Undersigned Counsel to 

maintain his CLE hours for felony and misdemeanor court-appointments 

and for Board Certification, Criminal Law and Criminal Appellate Law, 
7| Motion for Extension

recertification requirements. Undersigned Counsel in May completed 10 

hours in capital case C.L.E. in order to maintain qualifications for 

appointment to death penalty cases in the Eighth Judicial Region. 

Undersigned Counsel also has some brief summer vacation time to spend 

with his family. 

9. This motion is not filed for the purpose of delay, but rather so that there 

will be sufficient time for the work to be done in a proper manner and for the 

effective assistance of counsel.

 WHEREFORE, PREMISES CONSIDERED, the Undersigned Counsel 

respectfully prays that this Honorable Court extend the time for filing 

Appellant’s Brief in this cause until 12 August 2015.

Respectfully Submitted,

 DAVID A. PEARSON, P.L.L.C.

By:________________________

David A. Pearson, IV

ATTORNEY FOR APPELLANT

222 W. Exchange Ave., Ste. 103

Fort Worth, Texas 76164

(817) 625-8081

FAX: (817) 625-8038

Bar ID# 15690465

 E-MAIL: david@lawbydap.com

CERTIFICATE OF SERVICE
8| Motion for Extension

I certify that a true and correct copy of the foregoing Third Motion for 

Extension of Time for Filing Appellant's Brief was e-served

(coaappellatealerts@tarrantcounty.com) to the Tarrant County District 

Attorney’s Office, Hon. Debra Windsor, Chief-Post Conviction, Assistant 

District Attorney, on the 18th day of July 2015.

 

David A. Pearson, IV

CERTIFICATE OF CONFERENCE

I certify that a conference was held with Hon. Helena Faulkner, 

Assistant District Attorney, Tarrant County, Texas, on the 16th day of July

2015, and the State DOES/DOES NOT oppose the Appellant’s foregoing 

motion.

 

David A. Pearson, IV