Bailey, Richard Douglas

• Court: Court of Appeals of Texas
• Decided: July 2, 2015
• Docket: PD-0823-15
• Status: Published

Opinion

PD-0823&0824-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/2/2015 10:46:34 AM Accepted 7/2/2015 3:36:06 PM NOS. ___________________ and _____________________ ABEL ACOSTA CLERK

RICHARD DOUGLAS BAILEY § IN THE COURT OF CRIMINAL APPEALS § v. § STATE OF TEXAS § THE STATE OF TEXAS § AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, the Appellant, RICHARD DOUGLAS BAILEY, and moves for an

extension of time to file the Appellant’s Petition for Discretionary Review in these cases, and in

support thereof would show the following:

I.

a. These cases arise out of Criminal District Court No. 1 of Dallas County, Texas under Cause Nos. F12-34478-H and F12-34479-H, styled State of Texas v. Richard Douglas Bailey. They are also pending in the Dallas Court of Appeals under case numbers 05-14-00885-CR and 05-14-00886-CR.

b. Appellant was convicted of Theft of a Firearm in cause number F12-34478-H and sentenced to 1 year state jail. Appellant was also convicted of Unlawful Possession of a Firearm in Weapon Free Zone in cause number F12-34479-H and sentenced to 4 years imprisonment in the Texas Department of Criminal Justice. The judgment date was June 17, 2014. On June 2, 2015, the Court of Appeals affirmed the convictions.

c. The deadline for filing the Appellant’s Petition for Discretionary Review is July 2, 2015.

d. Appellant requests an extension until August 2, 2015, to file the Petition for Discretionary Review.

e. The reason for this request is that, in the last few weeks, counsel has been working on the following:

Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 1 1. Reply Brief in Ex Parte Micah Tutton, No. 10-14-00360-CR, in the Tenth Court of Appeals.

2. Brief in Mark Edwin Guida v. State of Texas, No. 05-14-01626-CR, in the Fifth Court of Appeals.

3. Objections to Findings, Conclusions and Recommendation of United States Magistrate Judge in William Luck v. United States, No. 3:14-CV-1989-B, in the United States District Court for the Northern District of Texas.

4. Reply to State’s Response to Application for Writ of Habeas Corpus in Ex Parte Charles Atterbury, No. W401-80045-08-HC, in the 401st District Court of Collin County, Texas.

5. Brief in Tom Iles White III v. State of Texas, No. 05-14-01359-CR, in the Fifth Court of Appeals.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this Motion

be granted.

Respectfully submitted,

/s/ Brett Ordiway BRETT E. ORDIWAY Bar Card No. 24079086

SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax

ATTORNEY FOR APPELLANT

Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 2 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing Motion for

Extension of Time to File Appellant’s Petition for Discretionary Review was electronically delivered

to the Dallas County District Attorney’s Office and to the State Prosecuting Attorney, on this the 2nd

day of July, 2015.

/s/ Brett Ordiway BRETT E. ORDIWAY

Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 3