Carter, Ex Parte Justin River

Opinion

PD-1291-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS November 3, 2015 Transmitted 11/2/2015 6:53:21 PM Accepted 11/3/2015 2:23:13 PM ABEL ACOSTA PD-1291-15 CLERK

IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS

EX PARTE

Appeals No. 03-14-00669-CR

JUSTIN RIVER CARTER

ONE DAY MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL

APPEALS:

COMES NOW, CHAD VAN BRUNT, counsel for JUSTIN RIVER

CARTER, and files this motion asking that the Court extend the time for

filing the Appellant’s petition for discretionary review, and in support

thereof, offers the following:

I.

a. This case is a Habeas Corpus from the 207th District Court of Comal County, Texas.

b. The style and number of the cases in the trial court are The State of Texas v. JUSTIN RIVER CARTER, Cause Number CR2013- 159.

c. The style and number of the case in the Third Court of Appeals are Ex Parte Justin River Carter, Appeal Number 03-14-00669- CR.

d. The Third Court of Appeals affirmed Appellant’s Writ of Habeas Corpus in an upublished opinion on August 31, 2015.

e. The present deadline for filing the Appellant’s Petition for Discretionary Review is September 30, 2015.

f. The Appellant seeks an extension of time of 1 days, suggesting a new due date of November 2, 2015.

g. This is the Appellant’s first request for an extension of time to file the Appellant’s petition for discretionary review.

II.

This extension is not sought for the purpose of delaying this appeal, but for the following reasons:

Counsel for Mr. Carter filed this Petition on October 31, 2015 at 12:11am. Eleven minutes passed the deadline of October 30, 2015. The delay was due to a computer error.

III.

A criminal appellant, just like a criminal defendant at trial, is entitled

to the adequate and effective assistance of counsel. Evitts v. Lucey, 469

U.S. 387, 396 (1985); Ward v. State, 740 S.W. 2d 794 (Tex.Crim.App.

1987). In order to be able to accurately identify and effectively brief all the

potential issues presented in this case, counsel for Appellant needs

additional time to review the record and conduct the necessary research to

adequately prepare Appellant’s Petition for Discretionary Review. This

request is made pursuant to Tex. R. App. P. 68.2 (c). IV.

Therefore, for the above reasons, Counsel for Appellant prays that

the Court grant an extension of time to November 2, 2015, for filing of the

Appellant’s Petition for Discretionary Review.

Respectfully Submitted,

__/S/_________________ CHAD VAN BRUNT SBN: 24070784 310 S. St. Mary’s Street Suite 1840 San Antonio, Texas 78205 (210) 339-8669 Telephone Attorney for Appellant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing Motion for Extension has been delivered to the Jennifer Tharp, Comal County District Attorney’s Office, 150 N. Seguin, Suite 307, New Braunfels, Texas 78130, on November 2, 2015.

__/S/________________ CHAD VAN BRUNT