Burton, Aaron Charles

• Court: Court of Appeals of Texas
• Decided: May 1, 2015
• Docket: PD-0488-15
• Status: Published

Opinion

PD-0487-15 & PD-0488-15 PD-0487&0488-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/1/2015 10:58:32 AM COURT OF CRIMfNAIJ APPEALS NO. PD Accepted 5/1/2015 1:19:35 PM COURT OF CRIMINAIT APPEAL,S NO. PD ABEL ACOSTA CLERK COURT OF APPEAI,S CASE NO. 01 L4 - 00513 CR COURT OF APPEALS CASE NO. 01 L4 00514 CR

AARON CHARLES BURTON, t rN THE TEXAS COURT OF APPEIJI,ANT IJ CRTMINAIJ APPEALS, AT

v. ll AUSTTN, TEXAS

THE STATE OF TEXAS , t May 1, 2015

APPEIJIJEE II

COUNSEL T S MOTION FOR AN EXTENSION OF TIME TO 5 - 18 - 2 015 TO ALLOW APPELLANT TO FIIJE HIS OWN PRO SE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABIJE TEXAS COURT OF CRTMINAI. APPEAI,S: Now comes court appointed attorney, TONY ANINAOT drld pursuant to the provisions of Rule 9.3 (b) of the Texas Rules of Appel-late Procedure, and f iles this Motion f or an Extension of Time to to ALLOW THE APPEIJLANT TO FfLE PRO SE OR

TO ALL,OW APPELLANT TO HIRE ANOTHER ATTORNEY TO FILE a

petition for discretionary review in the foregoing causes and wouLd show the Court the following: 1) The foregoing causes were styled below as THE STATE OF TEXAS V. AARON CHARITES BURTON and originated as trial court Cause No. l-330898 (Evading Arrest, 01- 14 - 00513 ) , and Cause No. 1-33099 (PCS, Ot-L4-00514) in the 35Lst District Court of Harris County, Texas; 2) On June 5, 201,4 the Appellant was ifURY convicted of the above offense on pleas of NOT GUILTY, and was judge sentenced on June 6 , IOL Eo two concurrent terms of 3 0 years (thirty) in the Institutional Division of the Texas - Depart,ment of Criminal- ..fust ic" , no f ine , flo f ine , having "rrA page 1 found two enhancement paragraphs in each indictment to be

true; 3) On ,June 5, 20]-4 the AppeLlant perfected timelY written notice of appeal; 4) The First Court of Appeals AFFIRMED the AppeLl-ant's convictions and sentences in an unpublished opinion dated April g, 20L5, and no Motion for Rehearing was filed; Appellant was advised in writing of his right to file pro se a petition for discretionary review , or to hire his own attorney to do so,' 5) The present deadline for filing the Appellant's Petition for Discretionary Review is Friday, MAY 8, 20L5t 5) Due to Appellant r s indigency status, lack of schooling and from this court I s observation that even some Iawyers cannot get a P.D.R. right r a GENEROUS extension of time to allow Appellant to file PRO SE his own P.D.R. OR TO HIRE ANOTHER ATTORNEY TO DO SO, iS bEiNg TEqUESTEd IO TUNE L8, 2OL5 r ot to such other date the court allows; 7) NO prior extension for the item in question has

been request.ed, and none have been granLed; Said extension is requested in order to al1ow Appellant his fulL right to fil-e his own pro se P.D.R., or to hire another attorney of his own choosing to do so. WHEREFORE, PREIIISES CONSIDERED, counsel prays that this

Mot ion in al I things be granted , and that an extens ion and all

order extending the time to file the PetiLion for Discretionary Review in the t,wo causes herein to iruNE 18, 2015 in this cause, OR TO SUCH OTHER DATE THE COURT ALLOWS, page 2 with notice and a copy of any order sent to Appellant at:

AARON CHARLES BURTON T.D.C. # 01935407 T. D. C. ,J. I . D. HOLLIDAY TRANSFER UNIT 295 IH 45 NORTH HUNTSVILLE, TX 77320 8443

RESPECTFUI,LY SUBMITTED,

do, Attorney 100L Texas, Suite 1400 Houston, Texas 77002 Texas Bar No . 0L264 5 0 0 (Voicemail & paging) : 7L3-203-9903 (E-mail) taninao@hotmail . com

CERTITICATE OF SERVTCE

I , Tony Aninao, do hereby cert tfy that a true and correct copy of the foregoing instrument has been delivered to opposing counsel via el-ectronic service AND AL,SO by placing a copy of same in the box reserved for the District Attorney of Harris County, Texas, located at the office of the Cl-erk of the Court of Appeal s , 20L Fannin, Houston, TX 77 oo2 day of ,' L, | ) , 2oLs .

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