Pinkston, Dezmone

Opinion

PD-0444-15

PD-0444-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 4/20/2015 11:03:14 AM Accepted 4/21/2015 2:53:08 PM ABEL ACOSTA

IN THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK

DEZMONE PINKSTON, § APPELLANT § §

V. § NO. _______________ §

THE STATE OF TEXAS, § APPELLEE §

STATE’S MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

COMES NOW the State of Texas, by and through Sharen Wilson, the Tarrant County Criminal District Attorney and files this the State’s Motion to Extend Time to File Petition for Discretionary Review in the above captioned appeal and for cause would show:

I.

The court of appeals below is the Court of Appeals for the Second Court of Appeals District. The style and number of the case in the Fort Worth Court is Pinkston v. State, No. 02-14-00041-CR.

II.

On March 19, 2015, the Fort Worth Court issued an opinion reversing the trial court’s judgment. See Pinkston v. State, 2015 WL 1262919, No. 02-14-00041-CR (Tex. App.—Fort Worth March 19, 2015) (mem. op., not for publication). The State did not file a motion for rehearing.

April 21, 2015

III.

The current deadline for filing the State’s petition for discretionary review is April 20, 2015. The State now requests an extension of 30 days – until May 20, 2015 – to file the State’s petition. The State has not previously requested an extension of time to file a petition for review in this case.

IV.

This extension is not for the purposes of delay, but rather so that undersigned counsel may adequately set forth the State’s position in its grounds for review. The undersigned has been working not only on this PDR, but on the State’s reply briefs in Gray v. State, No. 02-14-00249-CR; Guzman v. State, 02-14-00297-CR; and a petition for review in Isbell v. State, No. 02-14-00124-CR.

Wherefore, the State prays that the Court grant an extension of 30 days to May 20, 2015 for filing the State’s petition for discretionary review.

3

Respectfully submitted,

SHAREN WILSON

Criminal District Attorney Tarrant County, Texas

DEBRA WINDSOR

Assistant Criminal District Attorney Chief, Post-Conviction

Tarrant County, Texas

/s/ James Gibson_____________ JAMES GIBSON, Assistant

Criminal District Attorney 401 W. Belknap Street

Fort Worth, Texas 76196-0201 (817) 884-1687

FAX (817) 884-1672

State Bar No. 00787533

COAAppellateAlerts@TarrantCounty.com

CERTIFICATE OF SERVICE

A copy of the State's Motion to Extend Time to File Petition for Discretionary Review has been e-served to opposing counsel, the Hon. Maggie McBride, maggiemcbride@charter.net, 2000 Carson St., Fort Worth, Texas 76117, on April 20, 2015.

/s/ James Gibson

JAMES GIBSON

H:\GIBSON.G17\MOTIONS\Pinkston; ext to file pdr.docx