McKinley, David Blaine

• Court: Court of Appeals of Texas
• Decided: July 24, 2015
• Docket: PD-0942-15
• Status: Published

Opinion

PD-0942&0943-15

NO.

DAVID BLAINE McKINLEY § IN THE COURT OF § v. § CRIMINAL APPEALS FILED IN THE STATE OF TEXAS § OF TEXAS C0URT OF CRIMINAL APPEALS JUL 24 2015

Pro Se Motion for Extension of Time Abel a To File Petition for Discretionary Review C0s a' TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW the Appellant/Petitioner in the above-styled and numbered cause and

respectfully moves this Honorable Court to extend the time for filing the Appellant's Petition for

Discretionary Review in this cause and in support thereof would show to the Court the

following:

1. The style and number of this case in the Court of Appeals, is: David Blaine

McKinley v. The State ofTexas. Appeal No. 10-14-00202-CR and 10-14-00203-CR.

2. The style and number of the case in the trial court is: The State of Texas v. David

Blaine McKinley. Cause No. 37611-CR and 37612-CR from the 40th Judicial District Court of

Ellis County, Texas.

3. The Appellant was convicted of the felony offense of Continuous Sexual Abuse

of a Child, a First Degree Felony and Indecency with a child.

4. Judgment was entered on April 11, 2014 and punishment was assessed at 25

years confinement in the Texas Department of Criminal Justice—Institutional Division.

5. The conviction was affirmed in the Court of Appeals on July 2,2015.

PRO SE MOTION FOR AN EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - Page 1 6. The deadline for filing the Appellant's Petition for Discretionary Review in this cause is August 1,2015.

7. An extension of time for a period of sixty (60) days is requested that would make the due date August 31, 2015.

8. No prior request for an extension of time has been made.

9. The facts relied upon to show good cause for the requested extension is, as follows: The Appellant/Petitioner was represented by court appointed counsel during the appeal of this case to the Court of Appeals. The Appellant/Pertioner has elected to proceed pro se. Therefore, additional time is needed for the Appellant/Petitioner to either prepare and file the Petition pro se or to seek legal assistance in filing the Petition.

WHEREFORE, PREMISES CONSIDERED, the Appellant /Petitioner respectfully requests that this Honorable Court extend time for filing the Petition for Discretionary Review in this cause to fib G^r 3 \ , 2015.

Respectfully submitted,

)avid Blaine McKinlev David McKinley TDCJ # 01926785 Stiles Unit 3060 FM 3514 Beaumont, Texas 77705

PRO SE MOTION FOR AN EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - Page 2 CERTIFICATE OF SERVICE

The Appellant/Petitioner hereby certifies that a true and correct copy of the foregoing

Motion has been mailed to the District Attorney, Appellate Division, Ellis County Courthouse,

109 S. Jackson Street, Waxahachie, Texas 75165, and mailed via U.S. mail, to the Office of the

State Prosecuting Attorney, P.O. Box 12405, Capitol Station, Austin, Texas 78711, on the II

day of.TVoly , 2015.

David Blaine McKinley T

PRO SE MOTION FOR AN EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - Page3