Simmons, Bobby v. State

• Court: Texas Supreme Court
• Decided: January 22, 2015
• Docket: PD-0069-15
• Status: Published

Opinion

Ijlt 15

no. W\5^U BOBBY SIMMONS § IN THE COURT OF § V. § CRIMINAL APPEALS § THE STATE OF TEXAS § OF TEXAS

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

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW the Appellant 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 BOBBY SIMMONS V. THE STATE OF TEXAS; Appeal No. 05-14-00241- CR, 05-14-00240-CR.

2. The style and number of the case in the trial court is:

THE STATE OF TEXAS V. BOBBY SIMMONS; Cause No. F12-523070-W,

F12-52371-W; from the 363rd District Court of Dallas County, Texas. 3. The Appellant was convicted of the felony offenses of

possession with intent to deliver cocaine, and unlawful possession of a firearm by a felon.

4. The conviction was affirmed in the Court of Appeals on 12-18-2014.

5. The deadline for filing the Appellant's Petition for

Di8CHLEbTrfy Review in this cause is 1"17-2615'; DECEIVED IN COURT OF CRIMINAL APPEALS ©OUHTOFCRIMINALAPPEALS JAN 22 2015 JAN 20 2015

Abel Acosta, Clerk 1 Abtl Aoosta, Clerk Ijll|l5

6. An extension of time for a period of sixty(60) days is

requested that would make the date 3-17-2015.

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

8. The facts relied upon to show good cause for the requested

extension are, as follows: The-Appellant was represented by court

appointed counsel during the appeals of this case to the Court

of Appeals. After the conviction was affirmed, the trial court

refused to appoint counsel to file a Petition for Discretionary

Review. Therefore, additional time is needed for the Appellant

to either prepare and file the Petition pro se or to seek

legal assistance in filing the petition.

WHEREFORE/ PREMISES CONSIDERED, THE Appellant respectfully

requests that this Honorable Court extend time for filing the

Petition for Discretionary review in this Cause to 3-17-2015.

Respectfully submitted/

Bobby SMmons# SMii 1941546 Telford Unit 3899 State Hwy 98 New Boston, Tx 75570

CERTIFICATE OF SERVICE

The Appellant hereby certifies that a copy of the foregoing Motion has been mailed to the Office of the Criminal District Attorney for Dallas County, Frank Crowley Courts Building,133 N. Riverfront Blvd.,LB-19, Dallas, Texas 75207-4399, on this 1>* day of January, 2015.

iSLkJ^A-lQVK^. Bobby Srmmons