PD-0673-15
No. PD-
KECff^D IN
IN THE COURT OF CRfPJNAL APPEALS
COURT OF CRIMINAL APPEALS OF, TEXAS J[}^ 19 2015
AbelAcosta.Cterk
JAMARIOS LECHRISTOPHER CANTON,
Appellant-Petitioner
THE STATE OF TEXAS,
Appellee-Respj^gcgtJ |\|
COURT OF CRIMINAL APPEALS
On Petition Seeking Discretionary Review Of
Court Of Appeals No. 12-12-00118-CR JUN 19 2015
Court Of Appeals For The Twelfth Court Of Appeals District
Affirming The Conviction And Sentence In A.
Trial Court Case No. F1017409 Out Of ADel Acosta, Clerk
The 145th Judicial District Court Of Nacogdoches County, Texas
PETITIONER'S MOTION REQUESTING AN EXTENSION OF TIME
FOR FILING HIS PRO SE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT:
INTO COURT comes Jamarios LeChristopher Canton ("Canton"), Petitioner
pro se in this case, and respectfully moves this Court to grant him an extens
ion of time in which to file his petition for discretionary review ("PDR"), of
the decision and judgment of the Twelfth Court of Appeals, entered on December
20, 2012, in No. 12-12-00118-CR, affirming the trial court's judgment in Cause
No. F1017409 rendered by the 145th Judicial District Court of Nacogdoches Coun
ty, Texas. In support of this motion, Canton offers the following:
I.
Canton had applied for a writ of habeas corpus under Article 11.07 of the
Texas Code of Criminal Procedure and in a per curiam Opinion this Court ordered
that Canton "is granted an opportunity to file an out-of-time petition for dis
cretionary review...." Ex parte Cantonf No. WR-81,430-02 (Tex. Grim. App* April
22, 2015). Canton will seek review of the Court of Appeals' judgment, that was
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rendered and entered by the Twelfth Court of Appeals. See Canton v. State, 2012
WL6674421 (Tex.App.-Tyler Dec. 20, 2012). This Court has allowed for Canton to
file his PDR "Vithin 30 days of the date on which this Court's mandate issues."
Fx parte Canton. No. HR-81,430-02 (Tex.Crim.App. S&b. 22, 2015) (per curiam).
This Court's mandate issued on May 18, 2015; accordingly, Canton has until
June 17, 2015, to submit his PDR to this Court. Canton seeks an extension of 60
days, up to and including Sunday, August 16, 2015, to submit his petition.
II.
On May 28, 2015, Canton submitted his APPELLANT-PETITIONER'S MOTION TO RE
VIVE AND REINSTATE HIS PREVIOUSLY FILED PETITION FOR DISCRETIONARY REVIEW, seek
ing to have the PDR that had been submitted on March 22, 2013, and dismissed by
the Court as having been "untimely filed," reinstated as the "live" petition.
Canton asks for a sixty-day (60) extension so that the Court will be given
sufficient time to consider and rule on the motion to reinstate. Alternatively,
if the Court overrules or denies Canton's motion to reinstate, the extension al
so will provide Canton with the time he will need to prepare another petition by
copying the carbon copy of the original PDR in his files; and to have the exhib
its contained in the APPENDICES xeroxed.
III.
This is Canton's first request for an extension of time following the ren
dition and entry of the Court's April 22, 2015, per curiam Opinion granting Can
ton an opportunity to submit an out-of-time PDR. However, prior to submitting a
PDR in the first instance on March 22, 2013, Canton had requested, and was gran
ted an extension of time.
Canton apologizes to this Court for the necessity of this extension, and
he certifies that he does not request it for the purposes of delay, or to harass
the Appellee-Respondent, and he believes that any extensions will not prejudice
the State.
PRAYER
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WHEREFORE, PREMISES CONSIDERED, Canton respectfully prays that this Honor
able Court will grant him an extension of sixty (60) days, up to and including
Sunday, August 16, 2015, for submitting his PDR to this Court.
Respectfully submitted,
KMARIOS L. CANTON, pro se
Robertson Unit, TDCJ No.1771951
12071 FH 3522
Abilene, Texas 79601-8799
VERIFICATION BY UNSWORN DECLARATION
I, Jamarios L. Canton, TDCJ-CID No. 1771951, being presently incarcerated
at the Robertson Unit of the Correctional Institutions Division of the Texas De
partment of Criminal Justice, located in Jones County, Texas, declare under pen
alty of perjury that the foregoing is true and correct.
EXECUTED on this, the ELEVENTH day of JUNE, 2015.
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