Case Information

*0 RECEIVED COURT OF CRIMINAL APPEALS 8/6/2015 ABEL ACOSTA, CLERK *1 WR-82,736-01

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 8/5/2015 4:17:50 PM Accepted 8/6/2015 8:31:03 AM NO. 9402JD-HC-1 ABEL ACOSTA CLERK IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS EX PARTE FREDERICK D. ERVIN , APPLICANT APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 9402JD-HC-1 FROM THE lA

JUDICIAL DISTRICT COURT OF JASPER COUNTY, TEXAS *************************************************************************************

STATE'S MOTION FOR EXTENSION OF TIME TO COMPLY WITH APRIL 15,2015 , PER

CURIAM ORDER OF THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS

*************************************************************************************

STEVEN M. HOLLIS CRIMINAL DISTRICT ATTORNEY JASPER COUNTY, TEXAS SBN : 09882750 ANNE PICKLE ASSISTANT CRIMINAL DISTRICT ATTORNEY JASPER COUNTY, TEXAS *2 9402JD-HC-1 IN THE COU RT OF CRIMINAL APPEALS OF THE STATE OF TEXAS EX PARTE FRE DERICK D. ERV IN , A PPLICAN T * STATE'S MOTION FOR EXTENSION OF TIME TO COMPLY WITH THE APRIL 15, 2015, ORDER OF

THE COURT OF CRIMINAL APPEALS, STATE OF TEXAS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The State of Texas, by and through the Criminal District Attorney for Jasper County, Texas,

respectfully presents its Motion for Extension of time to compl y with this Court's April 15, 2015 ,

Order. The State of Texas respectfully shows as follows:

I.

On Aprill5, 2015, thi s Court issued an Order directing the Trial Court to order App licant' s trial

counsel to respond to Applicant's ineffective assistance of counsel claim. This Court further ordered the

Trial Court to make findings of fact and conclusions of law as to whether trial counsel's conduct was

deficient, and , if so, whether Applicant was prejudiced. This Court further provided that the Application

would be held in abeyance until the trial court resolved the fact issues, which was to be done within 90

days of April 15 , 2015. A supplemental transcript was to be provided to this Court within 120 days of

Apri l 15,2015 .

II.

An order was prepared and filed directing Applicant' s trial attorney to prepare and file an affidavit

responding to App licant's allegations. Applicant's attorney did prepare and file such an affidavit, but a copy

of the affidavit was not provided to the District Attorney ' s office. The District Attorney's office only

became aware of the filing of the affidavit on August 5, 2015 . The State therefore requests a th irty (30) day

extension of time for preparation of the Findings of Fact and Conclusions of Law, and for Supplementation

ofthe Clerk' s record.

III.

The request for extens ion of time is not made for the purpose of delay, but so that justice may

be served and for the purpose of proper compliance with this Court's order.

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion

be granted. The State of Texas prays for any relief to which it may be entitled.

Respectfully submitted, STEVEN M. HOLLIS CRIMINAL DISTRICT ATTORNEY SBN : 09882750 121 N. Austin, Room 101 Jasper, Texas 75951 (409) 384-4362 (U:lt

Anne Pickle Assi stant Criminal District Attorney CERTIFICATE OF SERVICE 01223326, Connally Unh, 899 FM 632, Kenedy, Texas 78~ L

I hereby certify that on August 5, 2015, a true and correct copy of the above and forgoing Motion

for Extension of Time was served by U.S. Mail, on Respondent here. Frederick D. Ervin, ID #

------------------------------ Anne Pickle