Williams, Nicki Colin

/ WR-83,663-01

COURT OF CRIMINAL APPEALS b# Wll-40634-K(A)

AUSTIN, TEXAS Transmitted 7/27/2015 10:19:43 AM

Accepted 7/29/2015 8:22:47 AM

ABEL ACOSTA

CLERK EX PARTE § IN THE COURT (Heceived

COURT OF CRIMINAL APPEALS NICKI COLIN WILLIAMS § CRIMINAL Af|[E^l0T1A5CLERK

§ AUSTIN, TEXAS MOTION FOR EXTENSION OF TIME TO DISPOSE OF ARTICLE 11.07 APPLICATION

FOR WRIT OF HABEAS CORPUS

Pursuant to rule 73.5 ofthe appellate rules of procedure, the Presiding Judge ofthe Criminal District Court No. 4 of Dallas County, Texas, moves for an extension of time to dispose ofthe article 11.07 application for habeas relief in the instant cause. The following is presented in support of the request:

(1) Case History

Pursuant to a plea agreement, applicant pleaded guilty to the offense of continuous sexual abuse of a child and was sentenced to twenty-five years' confinement in the Institutional Division of the Texas Department of Criminal Justice. Applicant did not appeal his conviction.

This is first application for habeas relief under article 11.07 in this cause. The instant application was filed on February 27, 2015 and received by the

State on March 4,2015. On April 6,2015, this Court designated applicant's ineffective assistance ground for further investigation. Under rule 73.5, this Court's 180-day deadline for disposing of these grounds is Monday, August 31, 2015. Tex. R. App. Proc. 73.5.

(2) Basis for Extension Request

The Court set this cause for a hearing on July 24, 2015. The hearing did not proceed as scheduled, however, because trial defense counsel refused to testify.The Court appointed her counsel to determine iftrial counsel has cause to invoke a Fifth Amendment right not to testify.

The Court has rescheduled the hearing for September 2015 to allow trial counsel to consult with her attorney and to accommodate the schedules of the attorneys representing the applicant and the State.

Rule 73.5 permits an extension ifrequested before the expiration of the Court's deadline. Id. Pursuant to that provision, the Court requests an additional 60 days to dispose of applicant's claims. This will extend the Court's deadline to Friday, October 30, 2015.

Respectful final District Court No. 4 Dallas County, Texas