Barrow, Belinda

• Court: Court of Appeals of Texas
• Decided: July 29, 2015
• Docket: PD-0970-15
• Status: Published

Opinion

PD-0970-15 PD-0970-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/27/2015 3:41:45 PM Accepted 7/29/2015 10:35:48 AM ABEL ACOSTA NO. ________________________________ CLERK

COURT OF APPEALS CAUSE NO.: 02-13-00187-CR _________

TO THE

COURT OF CRIMINAL APPEALS OF TEXAS _________

BELINDA BARROW, Petitioner vs.

THE STATE OF TEXAS, Respondent _________

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

of the Decision of the Court of Appeals for the Second District of Texas, in Fort Worth, Texas _________ DON DAVIDSON Attorney-at-Law 803 Forest Ridge Drive, Suite 203 Bedford, Texas 76022-7258 (817) 355-1285 July 29, 2015 FAX: (817) 355-1285 Cell.: (817) 343-8042 Email: donatty@flash.net Texas Bar No. 05430840 ATTORNEY FOR PETITIONER BELINDA BARROW ______________________________________________________ Comes now Petitioner BELINDA BARROW (hereafter, “BARROW”

or “Petitioner”) in the above-entitled cause, by and through her counsel,

and files this PETITIONER'S UNOPPOSED FIRST MOTION FOR

EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY

REVIEW, and would show the Court the following:

I.

Petitioner was convicted in a jury trial of aggravated robbery and

sentenced to twenty years in prison. In her appellate brief, Petitioner

presented two issues challenging her conviction. The Second Court of

Appeals issued its opinion in this case on July 16, 2015, affirming the

conviction but deleting the deadly weapon finding.

II.

Petitioner’s Petition for Discretionary Review (PDR) is due within

thirty days after the date of the Court of Appeals’ opinion, per Rule

68.2(a) of the Rules of Appellate Procedure. Since the thirtieth day,

August 15th, falls on a Saturday, Petitioner’s PDR is due on or before

Monday, August 17, 2015.

Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 2 III.

Petitioner’s counsel was on vacation from July 14, 2015 until July

26, 2015, and thus was on vacation when the Court issued its opinion in

this case. While on vacation, Petitioner’s counsel had only limited access

to research resources and case materials, and therefore has not been

able to evaluate the merits of a PDR, or indeed the need for same, much

less prepare and file a PDR if needed. Furthermore, if Petitioner’s

counsel should deem a PDR to be inappropriate in this case, Petitioner

would have the option of filing a pro se PDR, but would have little or no

time to do so if an extension is not granted.

IV.

Since Counsel was on vacation, he has also not yet had an

opportunity to send Petitioner a copy of the Court of Appeal’s opinion or

notify her of her right to submit a pro se PDR, should Counsel deem it

inappropriate to do so on her behalf. (Counsel is appointed in this case.)

Counsel anticipates so notifying Petitioner today or tomorrow.

V.

During this week, Petitioner’s counsel is involved in plea

negotiations and trial preparations in a federal criminal trial which is

Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 3 currently scheduled to begin on August 24, 2015, and has a federal

criminal law continuing legal education course in Dallas on Thursday,

July 30th, and Friday, July 31st. This is in addition to Counsel’s other

clients, which include four other appeals from state felony convictions,

one other federal criminal case, and three family law cases.

VI.

Petitioner therefore requests a thirty-day extension of the due

date for Petitioner’s PDR, to Wednesday, September 16, 2015, to

provide Counsel with adequate time to fully evaluate the need for a

PDR in this case and, if necessary, to prepare and file said PDR, or

alternatively, to allow Petitioner sufficient time to prepare and file a

pro se PDR in this case.

VII.

No previous extensions for Petitioner’s PDR have been requested or

granted in this case.

BARROW is incarcerated.

Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 4 VIII.

Denial of this motion would deny BARROW her rights to a

meaningful appeal and to effective assistance of counsel in prosecuting

her appeal.

Respectfully submitted,

/s/ Don Davidson DON DAVIDSON Attorney for Petitioner

CERTIFICATE OF CONFERENCE

On the 27th day of July, 2015, I contacted Mr. John E. Meskunas,

Assistant Criminal District Attorney, Tarrant County, Counsel for the

State, who stated that the State does not oppose this motion.

Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 5 CERTIFICATE OF SERVICE

As Attorney for the Petitioner, BELINDA BARROW, I certify that

a true and correct copy of the foregoing motion was provided to the

Court of Appeals and to the counsel listed below, by mailing copies to

the addresses indicated below, this 27th day of July, 2015.

Court of Appeals Second District of Texas Tim Curry Criminal Justice Center 401 W. Belknap, Suite 9000 Fort Worth, TX 76196-0211

Tarrant County District Attorney's Office ATTN: Mr. John E. Meskunas Asst. Criminal District Attorney Appellate Division Tim Curry Criminal Justice Center 401 West Belknap Fort Worth, TX 76196-0201

State Prosecuting Attorney P.O. Box 13046 Austin, TX 78711

Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 6