Dunnington, Clarence Dannel

• Court: Court of Appeals of Texas
• Decided: September 14, 2015
• Docket: PD-1170-15
• Status: Published

Opinion

PD-1170-15 PD-1170-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/8/2015 1:49:20 PM Accepted 9/14/2015 10:31:32 AM ABEL ACOSTA September 14, 2015 NO. 05-14-00127-CR CLERK

IN THE COURT OF APPEALS FIFTH JUDICIAL DISTRICT AT DALLAS, TEXAS

CLARENCE DANNEL DUNNINGTON, Appellant

v.

THE STATE OF TEXAS, Appellee

MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW

COMES NOW Clarence Dannel Dunnington, by and through his attorney and

respectfully submits this Motion for an Extension of Time in which to file Petition for

Discretionary Review in the above-entitled and numbered cause. In support of this Motion,

Appellant would show this Honorable Court the following:

I.

Appellant was charged by indictment with the offense of Capital Murder for

Retaliation Judge/Justice in Cause Number 296-80895-2013. This matter was tried

before a Jury. At the conclusion of the trial, on January 17, 2014, the Jury found

Mr. Dunnington guilty of offense of Capital Murder under the Texas Penal Code

1 MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW §19.03 (a)(9). Appellant was sentenced to Life without Parole in the Texas

Department of Corrections and no fine. Appellant filed his Notice of Appeal on

January 21, 2014.

II.

Appellant’s Petition of Discretionary Review is due to be filed on or before

September 30, 2015.

III.

Appellant respectfully requests an extension of time until December 30, 2015.

IV.

Appellant would show that the following are reasonable explanations for the

requested extension:

Appellant is filing a Petition for Discretionary Review Pro Se.

In order to have sufficient time to prepare Petition for Discretionary Review,

Appellant requires an additional 60 - 90 days.

VI.

This Motion is filed in compliance with rule 10.5 (b)(3) of The Texas Rules of

Appellate Procedure and is not sought for purposes of delay but that justice may be served.

2 MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW Denial of this motion will deprive Appellant of his right to effective assistance of counsel

on Appeal in violation of U.S. CONST. Amend VI and XIV and TEX. CONST. art. I § 10.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests

that the time for filing Appellants’ Brief in this case be extended to December 30, 2015.

Respectfully submitted,

Attorney for Appellant

/s/ Heather J. Barbieri _________________________ Heather J. Barbieri SBN 24007298 1400 Gables Court Plano, Texas 75075 (972) 424-1902 (telephone) (972) 208-2100 (facsimile)

3 MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW CERTIFICATE OF SERVICE

This is to certify that a copy of the above-entitled and numbered Motion has been

submitted to the Fifth Court of Appeals and the Collin County District Attorney by

depositing it, prepaid, certified mail, return receipt requested, in an official depository

under the care and custody of the United States Postal Service on the 4th day of September,

2015, enclosed in a wrapper properly addressed as follows:

Clerk of the Court (CMRRR # 9590 9401 0091 5168 9702 58) Court of Appeals Fifth District of Texas 600 Commerce Street Dallas, Texas 75202

cc: Collin County District Attorney c/o Appellate Division 2100 Bloomdale Road McKinney, Texas 75071

/s/ Heather J. Barbieri ______________________________ Heather J. Barbieri Attorney for CLARENCE DANNEL DUNNINGTON

4 MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW