Elliott, Tevin Sherard

• Court: Court of Appeals of Texas
• Decided: July 1, 2015
• Docket: PD-0805-15
• Status: Published

Opinion

PD-0805-15 PD-0805-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/1/2015 3:29:04 PM Accepted 7/1/2015 4:19:12 PM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS CLERK FOR THE STATE OF TEXAS AUSTIN, TEXAS

TEVIN SHERARD ELLIOTT, § Petitioner § § § vs. § NO. § § THE STATE OF TEXAS, § Respondent §

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MOTION TO EXTEND TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW OF THE COURT OF APPEALS FOR THE TENTH DISTRICT OF TEXAS NO. 10-14-00112-CR

WILLIAM A. BRATTON, III Attorney at Law

One Quadrangle Tower 2828 Routh St., Suite 675 July 1, 2015 Dallas, Texas 75201 (214) 871-1133 office (214) 871-0620 fax State Bar No. 02916300 Email – bill@brattonlaw.com ATTORNEY FOR PETITIONER (ON APPEAL ONLY)

MOTION TO EXTEND TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW - Page 1 IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS AUSTIN, TEXAS

TEVIN SHERARD ELLIOTT, § Petitioner § § § vs. § NO. § § THE STATE OF TEXAS, § Respondent §

MOTION TO EXTEND TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW OF THE COURT OF APPEALS FOR THE TENTH DISTRICT OF TEXAS NO. 10-14-00112-CR

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW TEVIN SHERARD ELLIOTT, Petitioner in the above-entitled and

numbered cause, by and through his attorney of record, WILLIAM A. BRATTON III and,

pursuant to TEX. R. APP. PROC. 68.2(c) and 10.5(b) requests the Court grant an additional two

(2) days for filing the Petition for Discretionary Review herein. In support thereof, the Petitioner

would respectfully show the Court as follows:

MOTION TO EXTEND TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW - Page 2 1. That Petitioner timely forwarded the Petition for Discretionary Review to the Court

of Criminal Appeals, but was advised that due to technical errors in the format of the petition, it

would need to be corrected and resubmitted.

2. No issues presented have changed between the current Petition for Discretionary

Review and the previous Petition for Discretionary Review, which was timely forwarded to the

Court of Criminal Appeals.

3. Petitioner requests a two (2) day extension of time, until July 1, 2015 for filing

Petitioner’s Petition for Discretionary Review.

4. The Petitioner has made the requested corrections to the Petition for Discretionary

Review and the corrected petition is being tendered concurrently with the filing of this motion.

5. That no prior extensions of time have been requested or granted.

6. It is based on these circumstances and in the effort to provide the Petitioner herein

with effective representation of counsel in the appellate process pursuant to the Sixth and

Fourteenth Amendments to the United States Constitution, and art. I, sec. 10, Tex. Const. Further,

the request is made not for the purpose of delay, but so that justice may be done.

WHEREFORE, PREMISES CONSIDERED, the petitioner prays that this Motion be in all

things granted and that the Petitioner be given an additional two (2) days for the filing of the

Petition for Discretionary Review.

MOTION TO EXTEND TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW - Page 3 Respectfully submitted,

/s/WILLIAM A. BRATTON III WILLIAM A. BRATTON III 2828 Routh, Suite 675-LB10 Dallas, Texas 75201 (214) 871-1133 (214) 871-0620 (fax) State Bar No. 02916300 Email – bill@brattonlaw.com ATTORNEY FOR PETITIONER

CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above and foregoing

Motion for Extension of Time for Filing Petition for Discretionary Review was forwarded to the

District Attorney of McLennan County, Texas and the State Prosecuting Attorney by electronic

filing this the 1 st day of July, 2015.

/s/WILLIAM A. BRATTON III WILLIAM A. BRATTON III ATTORNEY FOR PETITIONER

MOTION TO EXTEND TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW - Page 4