^ FILED IN PD-1611-14
COURT OF CRIMINALAPPEALS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
January 22, 2015 Transmitted 1/20/2015 2:40:00 PM
Accepted 1/22/2015 3:19:52 PM
ABELACOSTA, CLERK FQR THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
IN AUSTIN, TEXAS CLERK
.T^L
ANTHONY STRANGE §
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Appellant
§ CASE NO. 06-13-00178-CR
PD-1611-14
TRIAL COURT NO. 41,833-A
THE STATE OF TEXAS
Appellee
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF APPEALS:
NOW COMES, ANTHONY STRANGE, the Appellant herein, and moves the Court for
an extension of time to file Appellant's Petition for Discretionary Review in this cause, pursuant
to Rules 38.6 and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof
would show the Court as follows:
I.
The Appellant in this cause was convicted in the 188th District Court, Gregg County,
Texas in cause number 41,833-A for the offense of Aggravated Assault With a Deadly Weapon
listed in penalty group three (3). On May 7, 2013, punishment was assessed at ten (10) years in
the Texas Department of Criminal Justice - Institutional Division.
II.
The Reporter's record was filed on January 22, 2014. The Appellant's Petition for
Discretionary Review is due on or about January 20, 2015.
III.
The Appellant hereby requests an extension oftime to file Appellant's Petition for
Discretionary Review.
The undersigned counsel has been unable to devote sufficient time to the review of the
record, research and preparation of Appellant's Petition for Discretionary Review for the
following good and sufficient reasons:
The undersigned counsel is experiencing medical problems that have been explained in
his vacation letter dated December 17, 2014 (see attachment) and has also been involved with a
very busy trial and appellate schedule.
In addition to the above-listed matters, this counsel is involved in numerous other federal,
felony and misdemeanor cases at various stages of litigation.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of
Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant's
Petition for Discretionary review for an additional seven (07) days, to January 26, 2015.
RESPECTFULLY SUBMITTED,
/s/ Clement Dunn
Attorney for Appellant
140 E. Tyler Street, Suite 240
Longview, TX 75601
(903) 753-7071 Fax (903) 753-8783
State Bar # 06249300
CERTIFICATE OF SERVICE
As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of
the above and foregoing document was this date provided to the Attorney for the State.
Date: 01-20-15
Isi Clement Dunn
Attorney for Appellant
FOR THE COURT OF CRIMINAL APPEALS
IN AUSTIN, TEXAS
ANTHONY STRANGE §
Appellant
VI. § CASE NO. 06-13-00178-CR
PD-1611-14
TRIAL COURT NO. 41,833-A
THE STATE OF TEXAS
Appellee §
ORDER
BE IT REMEMBERED, that on the day of , 2015, came
on to be considered the above and foregoing Motion for Extension of Time to File Appellant's
Petition for Discretionary Review. After consideration of the same, it is the opinion of the Court
that Appellant's Motion be:
( ) GRANTED, and the present cause is hereby extended until ,
2015.
( ) DENIED, to which ruling the Appellant excepts.
( ) SET FOR HEARING ON THE day of ,2014, at
o'clock .
SIGNED:
JUDGE PRESIDING
Clement Dunn
Attorney at Law
140 £. Tyler Street, Suite 240
Longview, Texas 75601
(903)753-7071 FAX: (903) 753-8783
December 17,2014
Attn: Clerk/Court Coordinators
From: Clement Dunn
Re: Vacation Letter
This letter deals with an unusual concept of a "vacation": I need to be in Boston,
Massachusetts, approximately March 1-12, 2015, for the purpose ofhaving ear surgery. These
surgeries, involving the Eustachian tubes, both left and right, will be performed by Dr. Dennis S.
Poe, M.D., a professor at Harvard Medical School. This involves a procedure mat he has
pioneered. He is one ofthe few doctors anywhere who can do this. My acceptance for this was
based on his review ofmy voluminous medical records detailing the history ofthese problems
and their treatment. If this proves successful, additional reconstructive surgery will follow,
although perhapsat a later date.
The necessity ofthis arises from the "implosion" ofmy left middle ear. This has occurred
gradually over the past few months, but has accelerated and become quite severe in just the past
few weeks. I have been under the care ofDr. William Rotzler, M.D.. an ear specialist here in
Longview, who has treated me on a regular and ongoing basis for decades now. He has
perfonned numerous procedures, including two tympanoplasties, in 2003 and 2009, involving
reconstruction ofthe ear drum on the right side. I have had a significant hearing loss on the right
side for a. number ofyears. At this point, the left ear has a much greater hearing loss than the
right, so action is required.
Dr. Rotzler has scheduled a hearing test on December 30, 2014 (this was scheduled
December 4; this was the earliest available date); itwill take approximately two weeks for that
test tobe fully evaluated. Dr. Poe has sent instructions for aCT-scan to Dr. Rotzler and this is
scheduled for January 5,2015.
Given the hearing loss, as well as other ramifications of this dysfunction—earaches
headaches, pressure imbalance, muffled and displaced perceptions of what is heard—I am
advised not to participate in complex hearings or trials at least until around the first week in
February. By then, itis hoped that some, at least temporary, reliefmay be available, based on the
analysis ofthe hearing test and CT-scan, while we are waiting on the surgeries to be performed,
beginningin March.
Your understanding inthis matter isgreatly appreciated.
Sincerely,
Clement Dunn
Attorney at Law