Case Information
RECEIVED
COURT OF APPEALS SEP 0 8 2015 SECOND DISTRICT OF TEXAS COURT OF APPEALS SEP -8 2015 SECOND DISTRICT OF TEXAS IN THE COURT OF APPEALS 0E3RA 3PISAK, CLERK SECOND DISTRICT OF TEXAS DEBRASPISAK, CLERK REGINALD D. DAVIS/ Appellant, § Court of Appeals No. 02-15-00283-CR v . § Trial Court No. 0851753D The State of Texas Appellee. RESPONSE TO COURTrS ORDER TO SHOW GROUNDS FOR CONTINUING THE APPEAL TO THE HONORABLE JUDGES OF THE SECOND DISTRICT COURT OF APPEALS:
In response to this Court's order/ Appellant would show GOOD CAUSE/ as follows: Even though the trial court's initial order denying Appellant's request for appointment of counsel and second request to conduct DNA testing was signed on April 17, 2015/ Appellant was not served with a copy of the trial court's order until he inquired with the trial court clerk concerning the status of the case. The trial court's clerk mailed Appellant a copy of the trial court's April 17/ 2015 order/ which Appellant received on June 9, 2015.
On June 10, 2015/ Appellant filed his "Motion For Leave To File Out Of Time Notice of Appeal" informing the trial court that he had received late notice of its April 17, 2015 order.
On July 10, 2015, Appellant/ pursuant to Texas Rule of Appellate Procedure 4.2(a)(1) and Texas Rule of Civil Procedure 306a.4, filed his "Sworn Motion And Notice Of Late Notice of Judgment."
In response to Appellant's motion/ the trial court then vacated its April 17/ 2015 judgment and reissued its judgment on July 23/ 2015. Appellant thereafter filed his timely notice of appeal on August 7/ 2015.
According to Appellant's understanding of TRAP 4.2(a)(1)/ Appellant's Sworn Motion and Notice of Late Judgment was timely/ because it was within 90 days of the April 17/ 2015 judgment.
It is because of these circumstances that Appellant believes this Court has jurisdiction to continue this appeal, (fn.l)
WHEREFORE,
PREMISES CONSIDERED/ Appellant respectfully request
that this Court finds that it has jurisdiction to
continue this appeal. Dated: September 2, 2015
Reginald D. Davis CERTIFICATE OF SERVICE I hereby certify
that I mailed a true and
correct copy of the foregoing to the Tarrant County District Attorney/ 401 W. Belknap/ Fort Worth/ TX 7*6196 via U.S. mail. Dated: September 2, 2015
Reginald D. Davis FN.l/ Appellant also has motions far appointment of appellate aoinsel and fee a fcee cap/ of the Appellate reoord pending before the trial court. R L 2 E e o 6 a g v 6 s i e 5 t
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