Tutton, Ex Parte Micah

Opinion

PD-1121-15

PD-1121-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 8/27/2015 4:56:43 PM Accepted 8/28/2015 1:08:32 PM ABEL ACOSTA

CLERK

NO. ______________

IN THE TEXAS COURT OF CRIMINAL APPEALS

_______________________________________________________________

MICAH TUTTON

Appellant

v.

THE STATE OF TEXAS

Appellee

________________________________________________________________

FROM THE TENTH COURT OF APPEALS CAUSE NO. 10-14-00360-CR

ON APPEAL FROM THE 40TH DISTRICT COURT OF ELLIS COUNTY, TEXAS TRIAL COURT NO. 34649CR

THE HONORABLE GENE KNIZE PRESIDING

APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

BRUCE ANTON State Bar No. 01274700 ba@sualaw.com

SORRELS, UDASHEN & ANTON 2311 Cedar Springs, Suite 250 Dallas, Texas 75201

August 28, 2015 (214) 468-8100 (office)

(214) 468-8104 (fax)

Attorney for Appellant

2

COMES NOW, MICAH TUTTON, Appellant herein, and moves this court

to issue an extension of time to file his petition for discretionary review, and in

support thereof would show the court as follows:

I.

The opinion of the Tenth Court of Appeals in cause number 10-14-00360-

CR, affirming the convictions, was rendered on July 9, 2015.

II.

The numbers and style of the case in the District Court is No. 34649CR,

State of Texas v. Micah Tutton.

III.

Appellant was convicted of failing to register as a sex offender.

IV.

The present deadline for filing the petition for discretionary review in this

matter is August 28, 2015.

V.

No extensions of time to file the brief were previously requested.

VI.

The reason for this request is that during the last few weeks counsel has been

working on the following:

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR

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1. Reply Brief in Adolph Junior Menjivar v. The State of Texas, case no. 05-14-010128-CR in the Fifth Court of Appeals of Texas.

2. Petition for Writ of Certiorari in William Earl Rayford v.

William Stephens, Director, in the Supreme Court of the United States.

3. Petition for Discretionary Review in George Contreras v. The State of Texas, case nos. PD-0842-15 & PD-0843-15 in the Texas Court of Criminal Appeals.

4. Petition for Discretionary Review in Stephen Glen Limbaugh v.

The State of Texas, case no. PD-0870-15 in the Texas Court of Criminal Appeals.

WHEREFORE, PREMISES CONSIDERED, Appellant requests this court

to grant an extension of time to file his petition for discretionary review until

September 27, 2015

RESPECTFULLY SUBMITTED,

/s/ Bruce Anton BRUCE ANTON Texas State Bar No. 01274700 SORRELS, UDASHEN & ANTON 2311 Cedar Springs #250 Dallas, Texas 75201 (214) 468-8100 (214) 468-8104 (fax) ba@sualaw.com

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR

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CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above entitled motion for extension of time was electronically served to the Ellis County District Attorney’s Office and to the State Prosecuting Attorney on this 27th day of August, 2015.

/s/ Bruce Anton BRUCE ANTON

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR