Burleson, Tryone

• Court: Court of Appeals of Texas
• Decided: May 22, 2015
• Docket: PD-0612-15
• Status: Published

Opinion

PD-0612-15

NO. ^^_

TYRONE BURLESON Appellant V • COURTOFM^pp^ STATE OF TEXAS m 22m' Appellee Abel Acosta, Clerk IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS Appeal from the 140th District Court of LUBBOCK County, Texas No. 2013-439,137 and No. 07-13-00279-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

Tyrone Burleson TDCJ No. 01876269 William Clements Unit 9601 Spur 591 Amarillo Texas 79107-9606 RECEIVED IN (806)381-7080 COURTOFCAIWNAL APPEALS MAY 20 2015

Abel Acosta,CierK TYRONE BURLESON, Appellant moves for an extension to file

Appellant's Petition for Discretionary Review:

I.

TYRONE BURLESON 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 Assault - Bodily Injury with Deadly Weapon. Mr. Burleson was sentenced to 99 years imprisonment in the Texas Department of Criminal Justice.2 The sentencing took place on August 2, 2013. The Seventh Court of Appeals issued its opinion on April 15, 2015, denying Appellant's requested relief.3

3 Burleson v. State, No. 07-13-00279-CR, 2015 WL 1736907 (Tex. App.—Amarillo Apr. 15, 2015, (mem. op., not designated for publication).

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

A. The deadlinefor filing the Petition for Discretionary Review* May 15, 2015.

B. The length ofthe extension sought:5 Thirty (30) days - June 15, 2015.

C. Thefacts relied upon to reasonably explain the needfor the extension:6

I am pro se and need time to retain an attorney to represent me in this matter. I am untrained in the laws and it will therefore take me additional time to file the Petition for Discretionary Review if I am unable to retain an attorney.

D. Number ofprevious extensions grantedfor previous Petitions for Discretionary Review.1 None.

Tex.R.App. P. 10.5(b)(1)(A).

TEX.R.APP. P. 10.5(b)(1)(B).

Tex.R.App. P. 10.5(b)(1)(C).

Tex.R.App. P. 10.5(b)(1)(D)

Appellant's Motionto 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 in allowing him 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 15, 2015 or that

this Court grant such additional time as is just and proper.

Respectfully submitted,

ItfiAQj L

Appellant'sMotion to ExtendTimeto File PetitionFor Discretionary Review Page 3 CERTIFICATE OF SERVICE

A copy of this Motion was delivered to Lauren Murphree, Lubbock County District Attorney's Office, 2nd Floor, 904 Broadway, Lubbock, Texas 79401 on the day of May, 2015 by regular mail.

Ui.? Tyrone Burleson

Appellant's Motion to Extend Time to File Petition ForDiscretionary Review Page 4