PD-0292-15
PD-0292-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/17/2015 4:37:43 PM
Accepted 3/19/2015 9:16:03 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
AUSTIN, TEXAS
JENNIFER BANNER WOLFE, §
Appellant §
§ No.
VS. § March 19, 2015
§
THE STATE OF TEXAS, §
Appellee §
MOTION FOR EXTENSION OF TIME FOR
FILING PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, JENNIFER BANNER WOLFE, Appellant in the
above entitled and numbered causes, by and through his attorney on appeal,
DAVID A. PEARSON, IV, and files this motion for an extension of thirty
(30) days in which to prepare and file his Appellant’s Petition for
Discretionary Review in each case. In support of this motion the Appellant
would show the following:
1. This cause is styled Jennifer Banner Wolfe vs. The State of Texas, and is
numbered 1200447D in the trial court and No. 02-12-00188-CR in the
Court of Appeals-2nd District of Texas.
2. That Appellant’s Petition for Discretionary Review in these causes is due
to be filed in the Court of Criminal Appeals on or before 28 March 2015.
1| Motion for Extension
3. That this is Appellant's first request for an extension of time to file the
Appellant's Petition for Discretionary Review.
4. That the Appellant hereby requests an extension of thirty (30) days, until
27 April 2015, to file the Appellant's Petition for Discretionary Review
and as reasons therefore would further show the Court that the Attorney
for Appellant does not have sufficient time to prepare Appellant’s
Petition for Discretionary Review on or before 28 March 2015.
5. That the Appellant is in custody and counsel is court appointed.
6. Attorney for Appellant is a solo-practitioner, without assistance of
associate counsel or legal assistants, and is preparing for the following
cases:
- State of Texas v. Nicholas Ryan Acree, Nos. 1386753, 1382616, 1388825,
1376155, 372nd District Court, Tarrant County, Unlawful possession of
firearm, Engaging organized crime (2 charges), Murder.
- State of Texas v. Devon Rayou Holland, No. 1402604, 371st District Court,
Tarrant County, Murder.
-Roderick Dixon v. State of Texas, Nos. 02-14-00379-CR, 02-14-00380-CR,
02-14-00381-CR, 02-14-00382-CR, Court of Appeals-2nd District of Texas,
Appellant’s brief due on 11 March 2015.
2| Motion for Extension
-State of Texas v. Jacque Lamont Anderson, Nos. 1391500, 1376399, 432nd
District Court, Tarrant County, Continuous Sexual Abuse Child <14, Burglary
Habitation.
-Paul C. Ervin v. State of Texas, No. 08-15-00025-CR, Court of Appeals – 8th
District of Texas, Murder.
- Rodney Chase Pettigrew v. State of Texas, No. 02-14-00494-CR, Court of
Appeals – 2nd District of Texas, Capital Murder.
-State v. Ervinson L. Wiley, No. 1321241, 213th District Court, Tarrant County,
Aggravated Sexual Assault.
-State v. Ricardo Veliz, No. 1365527, 213th, Tarrant County, Unlawful
Possession Firearm-Felon-Habitual.
-State v. Daniel Benjamin Baker, No. CR14-0611, 43rd District Court, Parker
County, Aggravated Sexual Assault-Child, Indecency Child-Contact.
-State v. Joseph Robert Dodson, No. 1316921, 297th District Court, Tarrant
County, Capital Murder.
Undersigned Counsel has devoted numerous out-of-court hours to
prepare the above-referenced cases for trial. In most of the above-
referenced cases Undersigned Counsel has logged numerous hours
retrieving and reviewing electronic recordings and digital media.
3| Motion for Extension
7. During the last sixty (60) days, along with many court docket settings
and client/case matters, Attorney for Appellant has completed the
following:
- In the Matter of B.H., No. 02-14-00355-CV, Court of Appeals-2nd District
of Texas, Appellant’s Brief filed 9 February 2015.
- In the Matter of R.F., No. 02-14-00345-CV, Court of Appeals-2nd District of
Texas, Appellant’s Brief filed 2 March 2015.
-State v. Gary Leonard Foreman, No. 1345669, 1382677, 1382678, 1382784,
1386055, 432nd District Court, Tarrant County, Unlawful Possession Firearm-
Felon-Habitual, Aggravated Robbery-Habitual (2), Theft 1500-20,000, Bail
Jumping, plea on 9 March 2015.
-Hayward George Slater, Jr. v. State of Texas, No. C-396-010340-1202116-A.
Undersigned Counsel represented the above-named appellant on direct
appeal from his capital murder (death waived) conviction. In the above
cause number Counsel filed a comprehensive responsive affidavit on 22
January 2015 to the appellant’s claims in a writ habeas corpus against
appellate counsel. Counsel expended 14.25 hours this month in drafting
and filing that response.
-State v. Jeffery Michael Vendeville, No. 1368235D, CDC4, Tarrant County,
Assault Public Servant-Retaliation-Repeat Offender, plea settlement on jury
trial setting 26 January 2015.
4| Motion for Extension
-State v. William Bruce Senn, No. CR14-0051, CR14-0152, CR14-0163, 43rd
District Court, Parker County, Sexual Assault-Child, Indecency with Child,
Possession Child Pornography, sentencing on open plea on 28 January 2015.
Undersigned Counsel expended numerous trial preparation hours in this
case between the open plea on 8 January 2015 and the sentencing hearing
on 28 January 2015.
-Austin Crawford v. State of Texas, PD-598-14, Court of Criminal Appeals,
Austin, TX; Petition for Discretionary Review filed 28 January 2015.
-State v. Roy Donnell Coleman, No. CR14-0386, 43rd District Court, Parker
County, Burglary Building-Repeat Offender, plea on 8 January 2015.
-State v. Eric Shane Wilson, No. CR17802, 271st District Court, Wise County,
Abandon Endanger Child Criminal Negligence, plea on 15 January 2015.
-Jesse Riojas Beltran v. State, 02-14-00196-CR, 02-14-00197-CR, CR, 02-14-
00198-CR, Court of Appeals-2nd District of Texas; Appellant’s Brief filed 4
December 2014.
-Travis Wayne Teehee, No. 02-14-00137-CR, Court of Appeals-2nd District of
Texas; Appellant’s Brief filed 3 December 2014.
8. This motion is not filed for the purpose of delay, but rather so that there
will be sufficient time for the work to be done in a proper manner and for
the effective assistance of counsel.
5| Motion for Extension
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel
respectfully prays that this Honorable Court extend the time for filing
Appellant’s Petition for Discretionary Review in this cause until 27 April
2015.
Respectfully Submitted,
DAVID A. PEARSON, P.L.L.C.
By:________________________
David A. Pearson, IV
ATTORNEY FOR APPELLANT
222 W. Exchange Ave., Ste. 103
Fort Worth, Texas 76164
(817) 625-8081
FAX: (817) 625-8038
Bar ID# 15690465
E-MAIL: david@lawbydap.com
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing First Motion for
Extension of Time for Filing Appellant's Petition for Discretionary Review
was e-served to Debra Windsor, Tarrant County Assistant District Attorney,
at CCAAppellateAlerts@TarrantCounty.com on the 17th day of March,
2015.
David A. Pearson, IV
6| Motion for Extension
Wolfe, Jennifer Banner
Combined Opinion