Carr, Donnie Dale

• Court: Court of Appeals of Texas
• Decided: July 24, 2015
• Docket: PD-0930-15
• Status: Published

Opinion

PD-0930-15 PD-0930-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/24/2015 10:29:17 AM July 24, 2015 Accepted 7/24/2015 11:26:52 AM ABEL ACOSTA Cause No. PD______________ CLERK No. 12-14-00335-CR (12th COA)

DONNIE DALE CARR § IN THE COURT Petitioner § § vs. § OF CRIMINAL APPEALS § THE STATE OF TEXAS § Respondent § FOR THE STATE OF TEXAS

FIRST MOTION FOR EXTENSION OF TIME TO FILE A PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT:

Now comes Donnie Carr and makes this Motion For Extension of Time to

File a Pro Se Petition for Discretionary Review and for good cause shows the

following:

I.

The Twelfth Court of Appeals returned an opinion affirming Petitioner’s

conviction in this matter on 30 June 2015. Carr v. State, 12-14-00335-CR

(Tex.App.—Tyler 2015). No Motion for Rehearing was filed in that court.

Consequently, a Petition for Discretionary Review, if any, is to be filed by 30 July

2015.

II.

Petitioner was timely notified of his right to pursue a pro se Petition for

Discretionary Review and was also told that undersigned counsel, who was appointed to represent Petitioner in the Twelfth Court of Appeals, would be willing

to continue to represent him on a pro bono basis in the filing of a PDR. After brief

correspondence between counsel and Petitioner, Petitioner recently indicated he

would like counsel to file a PDR on his behalf.

During the thirty days preceding the date for filing PDR in this case,

counsel has been working on approximately 55 open appellate cases in

intermediate courts of appeal to which he has been appointed by Smith County.

This has included investigating motions for new trials (looking for and talking with

potential witnesses, jail and office visits with new appellate appointments, trial

court appearances for the same), requests for and reviews of reporter’s and clerk’s

records, research, briefing, review of opinions, investigation of potential PDR

issues, etc. While not all of these cases have required significant attention from

counsel during this time, many of them have which has resulted in counsel having

been unable to devote the full attention necessary to drafting the PDR in this case

prior to today’s date.

For this reason, counsel respectfully requests a one-time, thirty day

extension to file PDR in this matter.

WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully

prays that, in accordance with the applicable law, the Court grant this Motion and extend the time by which to have a Petition for Discretionary Review filed by

thirty days.

Respectfully submitted,

/s/Austin Reeve Jackson Texas Bar No. 24046139 112 East Line, Suite 310 Tyler, TX 75702 Telephone: (903) 595-6070 Facsimile: (866) 387-0152

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing

document was served on counsel for the State by efile concurrently with its filing.

/s/Austin Reeve Jackson