Melvin Wayne Richardson v. State

• Court: Court of Criminal Appeals of Texas
• Decided: February 26, 2015
• Docket: 06-14-00235-CR
• Status: Published

Opinion

ACCEPTED 06-14-00234-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 2/25/2015 2:27:43 PM DEBBIE AUTREY CLERK

NO. 06-14-00234-CR NO. 06-14-00235-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS MELVIN WAYNE § IN THE COURT OF APPEALS 2/26/2015 9:18:00 AM RICHARDSON DEBBIE AUTREY Clerk V. § FOR THE SIXTH DISTRICT

STATE OF TEXAS § OF TEXAS AT DALLAS

MOTION FOR AN EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, Melvin Wayne Richardson, Appellant in the above

named cause number, by and through his duly appointed attorney on appeal,

and requests that this Court extend the time for filing Appellant’s brief from

February 26, 2014 to April 27, 2015.

I.

In trial case number F06-62662, on May 10, 2010, Appellant was pled

guilty to the indictment and was convicted in the 195th Judicial District

Court in Dallas County, Texas of aggravated assault with a dangerous

weapon. (CR1: 291). The jury assessed punishment at 40 years’

1 CR1 refers to the District Court Clerk’s record in F06-68662. imprisonment. (CR1: 26, 292). After filing an application for an 11.07 writ

of habeas corpus with the Texas Court of Criminal Appeals, that Court

issued an opinion on November 19, 2014 granting Appellant an appeal out

of time. (CR1: 34-37). Appellant subsequently filed a timely notice of

appeal. (CR1: 38).

In trial case number F06-62371, on May 10, 2010, Appellant was pled

guilty to the indictment and was convicted in the 195th Judicial District

Court in Dallas County, Texas of unlawful possession with intent to deliver

cocaine, 4G. (CR2: 233). The jury assessed punishment at 25 years’

imprisonment. (CR2: 23, 294). After filing an application for an 11.07 writ

of habeas corpus with the Texas Court of Criminal Appeals, that Court

issued an opinion on November 19, 2014 granting Appellant an appeal out

of time. (CR2: 30-33). Appellant subsequently filed a timely notice of

appeal. (CR2: 36).

II.

The due date for Appellant’s Brief is February 26, 2015.

III.

2 The trial court entered an order Nunc Pro Tunc correcting the judgment from twenty years to forty years. (CR1: 26). 3 CR2 refers to the District Court Clerk’s record in F06-62371. 4 The trial court entered an order Nunc Pro Tunc correcting the judgment from forty years to twenty-five years. (CR2: 29). Appellant requests an extension of time of thirty (60) days in which to

file his Brief. No previous extension of time has been requested by

Appellant.

IV.

Appellant submits that a reasonable explanation exists for this

requested extension. Appellant relies on the following facts to reasonably

explain why the brief has not yet been prepared and the need for an

extension of time in which to file Appellant’s Brief:

(1) The undersigned attorney filed briefs in cause numbers 05-14-

00554-CR & 05-14-00555-CR styled Jarmal Deon Speed v. State of

Texas on December 12, 2014 pending in the 5th District Court of

Appeals, Dallas, Texas.

(2) The undersigned attorney filed a brief in cause number 05-14-

00486-CR styled Jose Maya v. State of Texas pending in the 5th

District Court of Appeals, Dallas, Texas.

(3) The undersigned attorney filed a petition for discretionary review

in cause number PD-1541-14 styled Leonardo Geronimo Renteria

Sanchez v. State of Texas on December 18, 2014 pending in the Texas

Court of Criminal Appeals, Austin, Texas. (4) The undersigned attorney filed a brief in cause number 05-13-

01710-CR styled Errington Charles Hatch v. State of Texas on

January 31, 2015 pending in the 5th District Court of Appeals, Dallas,

Texas.

(5) The undersigned attorney filed a brief in cause number 08-14-

00208-CR styled Danielle Lozono v. State of Texas on February 17,

2015 pending in the 8th District Court of Appeals, El Paso, Texas.

(6) The undersigned attorney filed a brief in cause number 05-14-

00447/00448/00449/00450/00451-CR styled Chason Matthew Oden

v. State of Texas on February 20, 2015 pending in the 5th District

Court of Appeals, Dallas, Texas.

(7) The undersigned attorney is preparing a brief in cause number 05-

14-00720-CR styled Raymond Edwards III v. State of Texas pending

in the 5th District Court of Appeals, Dallas, Texas.

(8) The undersigned attorney is preparing a brief in cause numbers 05-

14-00331/00332/00333/00334-CR styled Neko Boykin v. State of

Texas pending in the 5th District Court of Appeals, Dallas, Texas.

V.

This Motion is not brought for purposes of delay but so that the

appellate record can be read and evaluated, and so that the legal and factual issues presented by the appellate record can be properly briefed and

presented to this Court on Appellant’s behalf.

WHEREFORE, Appellant requests this Court extend Appellant’s

deadline to file its brief to April 27, 2015.

Respectfully submitted,

/s/ Nanette Hendrickson

Lynn Pride Richardson Nanette Hendrickson Chief Public Defender Assistant Public Defender Dallas County, TX Texas State Bar No. 24081423 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-2 Dallas, Texas 75207-4399 (214) 653-3582 (phone) (214) 653-3539 (fax)

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion was served on the Dallas County Criminal District Attorney’s Office (Appellate Division), 133 N. Riverfront Blvd., B-19, 10th Floor, Dallas, Texas, 75207, by hand delivery and electronic service at DCDAAppeals@dallascounty.org on February 25, 2015.

/s/ Nanette Hendrickson Nanette Hendrickson