Barnard, Ronnie MacK

• Court: Court of Appeals of Texas
• Decided: May 6, 2015
• Docket: PD-0524-15
• Status: Published

Opinion

PD-0524-15 PD-0524-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/5/2015 12:49:28 PM May 6, 2015 Accepted 5/6/2015 1:01:24 PM ABEL ACOSTA CLERK

NO.

IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS RONNIE M. BARNARD Appellant v.

STATE OF TEXAS Appellee

Appeal from the 54th District Court of McLennan County, Texas No. 2013-631-C2 and No. 07-13-00355-CR in the Seventh Court of Appeals for the State of Texas

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

LAW OFFICE OF STAN SCHWIEGER 600 Austin Avenue, Suite 12 P.O. Box 975 Waco, Texas 76703-0975 (254) 752-5678 (254) 752-7792—Facsimile State Bar No. 17880500 E-mail: wacocrimatty@yahoo.com RONNIE M. BARNARD, Appellant moves for an extension to file

Appellant’s Petition for Discretionary Review:

I.

RONNIE M. BARNARD moves this Court to allow an extension of THIRTY

(30) days to file his Petition for Discretionary Review.1 Appellant was convicted of

the offense of Aggravated Sexual Assault of a Child - Counts 1-5, Indecency with a

Child by Contact - Counts 6-9, 12 and Sexual Assault of a Child - Counts 10, 11 and

13. Mr. Barnard was sentenced to life sentences on each count, imposed

consecutively in the of Texas Department of Criminal Justice.2 The sentencing took

place on September 13, 2013. The Seventh Court of Appeals issued its opinion on

April 8, 2015, denying Appellant’s requested relief.3

1 TEX. R. APP. P. 68.2(c). 2 State v. Ronnie M. Barnard, No. 2013-631-C2 (54th Dist. Ct., McLennan County, Tex. Sept. 13, 2013). 3 Barnard v. State, No. 07–13–00355–CR, 2015 WL 1566734 (Tex. App.—Amarillo Apr. 8, 2015, no pet. h.) (mem. op., not designated for publication).

Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 1 II. REQUIRED INFORMATION PURSUANT TO THE RULES OF APPELLATE PROCEDURE

A. The deadline for filing the Petition for Discretionary Review:4 May 8, 2015.

B. The length of the extension sought:5 Thirty (30) days - June 8, 2015.

C. The facts relied upon to reasonably explain the need for the extension:6

I am a sole practitioner with a concentration in criminal defense, with both federal and state matters. In addition, I carry a heavy caseload both at the state and federal levels. During the pendency of this appeal, I prepared for several trials and other criminal hearings. I am currently preparing for trial in the district courts of McLennan County, Texas on several matters. In addition, during the pendency of this matter, I took a one week vacation.

D. Number of previous extensions granted for previous Petitions for Discretionary Review:7 None.

4 TEX. R. APP. P. 10.5(b)(1)(A). 5 TEX. R. APP. P. 10.5(b)(1)(B). 6 TEX. R. APP. P. 10.5(b)(1)(C). 7 TEX. R. APP. P. 10.5(b)(1)(D)

Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 2 III.

The additional time requested is not sought solely for delay, nor sought

frivolously, but will be of genuine assistance to Appellant’s attorney in allowing to

timely file the Petition.

REQUEST FOR RELIEF

Appellant requests that this Court grant his Motion and extend the deadline for

filing Appellant’s Petition For Discretionary Review to June 8, 2015 or that this

Court grant such additional time as is just and proper.

Respectfully submitted,

LAW OFFICE OF STAN SCHWIEGER

/s/ Stan Schwieger Stan Schwieger 600 Austin Avenue, Suite 12 P.O. Box 975 Waco, Texas 76703-0975 (254) 752-5678 (254) 752-7792—Facsimile E-mail: wacocrimatty@yahoo.com State Bar No. 17880500 ATTORNEY FOR APPELLANT

Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 3 CERTIFICATE OF SERVICE

A copy of this Motion was delivered to Mr. Sterling Harmon, McLennan County District Attorney’s Office on May 6, 2015 by this Court’s electronic filing service at sterling.harmon@co.mclennan.tx.us .

/s/ Stan Schwieger Stan Schwieger

Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 4