v\/F§~83,462-01

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" ' coURT oF cR!MiNAL APPEALS
~ AUSTIN, TE)<AS
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Transmitted 9/22/2015 4:56:33 P|V|
Accepted 9/23/2015 8:05:19 A|V|

CoURT oF CRIMINAL APPEALS No. wR-33,462_0'1 _ ABEL A§CL)§;Q
TRIAL couRr CAUSE No. w08-51421_Y(A) ,
RECE|VED
COURT OF CR||V||NAL APPEALS
EX PARTE §- iN THE c;\@gi§l§§§§r}fj CLERK
- § CRIMINAL APPEALS .
wARREN LABoN DA\'/ls § oF TEXAS AT AUSTIN

t MOTION T() EXTEND THE TIME FOR FILINGV
THE TRIAL COURT’S FINDINGS OF FACT AND CONCLUSIONS OF.LAW

TO THE HONORABLE JUDGES OF SAID COURT:

The Crirninal District Court'No. 7 of Dallas County, Texas, through the Honorable
Elizabeth Frizell, moves for an extension of time for filing its Findings of Fact and
Conclusions of Law in the above-styled case to Novernber 30, 2015. In support of this
motion, the Court would show the following: v \

l.

On September ll, 20()8,v Applicant entered a plea of guilty to the offense of murder
and was sentenced to fifteen years in the penitentiary. The case was affirmed on direct
appeal. On.Novernber 20, 12012, Applicant filed the instant writ application .An order
designating issues was signed on Decernber 2(),' 2012, appointing~April Srnith to resolve
_ issues and prepare findings

l Il.
On August 26, 2015, this Court entered an order requiring findings to be made and

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forwarded within 30 days, or by Septernber 25, 2015.

x ELE'I`R@©NH©

RE©m

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On August 26, 2015, April Smith contacted the trial attorney, Scottie Allen to request
an affidavit regarding'the issues Applicant raises in this writ. The Dallas County Staff
Attorneys have also attempted to obtain an affidavit from trial counsel, to no avail. Scottie
Allen has not returned any phone calls from the writ master or the staff attorneys.
Additionally, the court coordinator has attempted to contact trial counsel to request an
'affidavit. Again, trial counsel has failed to respond.

The Court has issued a bench warrant for Applicant to be returned to Dallas County
to appear for a hearing. The Court has appointed counsel to represent Applicant at the
hearing. The Court will need time to schedule a hearing and have Scottie Allen subpoenaed
for the hearing once Applicant is returned to Dallas County.

WHEREFORE, PREMISES CONS-IDERED, the Court respectfully requests that
the time for filing its Findings of Fact and Conclusions of Law, along with the
supplemental transcript be extended to November 30, 2015.

Respectfully submitted,
/s/ Judge Elizabeth Frizell
Presiding Judge

Criminal District Court No. 7
Dallas County, Texas

