Alford, Garry Dwayne

Opinion

PD-0987-15

RECEIVED N0> JUL 2*2015 in the RECEIVED IN COURT OF APPf4L*l f^HHT RF CR'MINAL APPEALS SECOND DISTRICT OF tpvao SECOND COURT OF APPEALS COURT U-UK-i"™ DEBRASPISAK, CLERK S FORT WORTH,TEXAS .... 312915

JUL

GARRY DWAYNE ALFORD appellant *§§ flkbeiAco8te.de* vs. § NO.02-13-00058-CR

THE STATE OF TEXAS § APPELLEE PILED IN C°WT OF CR/M/NAL appeals

MOTION FOR OUT-OF-TIME PDR jjj^ g * 7~-

TO THE HONORABLE JUSTICES OF SAID COURT: Abel Acost COMES NOW,GARRY DWAYNE ALFORD,PETITIONER,HEREIN AND IN SUP

PORT OF THIS MOTION WILL SHOW THIS HONORABLE COURT THE FOLLOWING:

I.

ON JANUARY 30,2013.PETITIONER WAS FOUND GUILTY BY JURY OF THE OF FENSE OF POSSESSION OF A CONTROLLED SUBSTANCE,NAMELY COCAINE AND SENTENCED TO FIFTY-FIVE (.55) YEARS IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE ON FEBRUARY 4,2013.

II.

UPON APPELLANTS INCARCERATION HIS HEALTH ISSUES LIMITED HIM FROM ATTENDING LAW LIBRARY SESSIONS AND MEETING SUCH DEADLINES OF THE

COURTS. APPELLANT HAS BEEN DIAGNOSED WITH CANCER.

III.

UNDER NEWLY DISCOVERED EVIDENCE APPELLANT HAS COME ACROSS SOME SOUND REASONS SHOWING INEFFECTIVE ASSISTANCE OF COUNSEL.FOR THESE REASONS STATED ABOVE APPELLANT RESPECTFULLY REQUEST AN OUT-OF- TIME PDR.

WHEREFORE,PREMISES,CONSIDERED,APPELLANT PRAYS THIS HONORABLE COURT GRANTS THIS MOTION FOR AN OUT-OF-TIME PDR ALLOWING PETITIONER THE CHANCE TO RAISE HIS :ISSUES"OF CONCERN. IT IS SO PRAYED.

RESPECTFULLY REQUESTED,

GARRY Dil.ALFQtRD #1837445 BILL CLEMENTS UNIT

9601 SPUR 591

AMARILLO,TEXAS 79107

CERTIFICATE OF SERVICE

I,GARRY DWAYNE ALFORD.DO DECLARE THAT A TRUE AND CORRECT COPY OF

THIS FOREGOING MOTION HAS BEEN SENT TO CHARLES MALLIN,ASSISTANT DISTRICT ATTORNEY AT TARRANT COUNTY DISTRICT ATTORNEY S OFFICE, 401 WEST BELKNAP,FORT WORTH,TEXAS 76196 BY PLACING THE SAME IN

THE U.S.MAIL,POSTAGE PREPAID,FIRST CLASS.

EXECUTED ON THIS THEc9[ DAY OF O^LV 2015.

GARRY D.ALFORD #1837445