Ellison, Rickey

• Court: Texas Supreme Court
• Decided: September 9, 2015
• Docket: PD-1157-15
• Status: Published

Opinion

PD-1157-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/3/2015 2:17:27 PM SEPTEMBER 9, 2015 Accepted 9/9/2015 9:17:11 AM ABEL ACOSTA PDR No. ____________________ CLERK

Court of Appeals No. 11-12-00019-CR

RICKEY ELLISON § IN THE TEXAS COURT OF § v. § CRIMINAL APPEALS § THE STATE OF TEXAS § AT AUSTIN, TEXAS

PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE PRO SE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes RICKEY ELLISON, Petitioner in the above styled and

numbered cause, and moves this Court for a 90-day extension to file his Pro Se

Petition for Discretionary Review, and would show as follows:

1. Petitioner has been convicted of the felony offense of Murder and

assessed a sentence of life imprisonment in the 331 st District Court of Travis

County, Texas.

2. The Eleventh District Court of Appeals issued an published decision

in this case on August 13, 2015. Rickey Ellison v. State of Texas, 11-12-00019-

CR (Tex.App.- Eastland August 25, 2015). Petitioner did not file a motion for

Rehearing. The PDR in this case is due on or before September 14, 2015.

3. The undersigned counsel was appointed in the present case to

1 represent Petitioner on direct appeal, but will not be continuing his representation

in seeking a petition for discretionary review.

4. In order to pursue his options, Petitioner needs time to retain counsel,

or to obtain the record and other necessary documents in which to prepare a PDR

on a pro se basis. Accordingly, the undersigned counsel request on Petitioner’s

behalf a 90 day extension of time to file his Petition for Discretionary Review in

this case.

5. Petitioner’s personal information for the purposes of notices by this

Court is as follows:

Mr. Rickey Ellison # 00333498 TDCJ Allred Unit 2101 FM 369 North Iowa Park, TX 76367

WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this

Court grant this Motion, and grant an additional 90 days to file a PDR in this case

Respectfully submitted,

Law Office of Alexander L. Calhoun 4301 W. William Cannon Dr., Ste. B-150, # 260 Austin, TX 78749 Tele: 512/ 420-8850 Fax: 512/ 233 - 5946 Cell: 512/ 731-3159 Email: alcalhoun@earthlink.net

2 BY:_/s/ Alexander L Calhoun ___ Alexander L. Calhoun State Bar No.: 00787187

Attorney for Rickey Ellison

CERTIFICATE OF SERVICE

I hereby certify that on September 4, 2015, a copy of the above and foregoing

motion has been served upon the Travis County District Attorney's Office, Blackwell-

Thurman Justice Complex, Austin, TX 78767 by email to opposing counsel at the

following address: scott.talliaferro@co.travis.tx.us and by United States Mail to the

State Prosecution Attorney by U.S. Mail at the following address:

P.O. Box 13046 Capitol Station Austin, Texas 78711

by United States Mail.

/s/ Alexander L Calhoun Alexander L. Calhoun