ACCEPTED
01-14-00685-CR
FIRST COURT OF APPEALS
HOUSTON,TEXAS
8/31/2015 12:00:00 AM
CHRISTOPHER PRINE
CLERK
No.
In the
Court of Criminal Appeals RECEIVED IN
At Austin 1st COURT OF APPEALS
HOUSTON, TEXAS
8/31/2015 10:22:00 AM
CHRISTOPHER A. PRINE
No. 01-14-00685-CR Clerk
In the
Court of Appeals
for the
First District of Texas
at Houston
No. 1408986
In the 262nd District Court RECEIVED IN
Harris County, Texas OF CRIMINAL Al
FILED IN SEP 0 4 2015
COURT OF CRIMINAL APPEALS
SEP 14 2015 KANAVIUS DORSEY
Appellant
Abel Acosta, Clerk V.
THE STATE OF TEXAS
Appellee
APPELLANT'S MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF APPEALS:
APPELLANT, pursuant to Tex. R. App. P. 68.2(c) moves for an
extension of time within which to file its petition for discretionary review. In
support ofits motion, appellant submits the following:
1. Appellant was charged with die felony offense of aggravated
robbery.
2. A jury convicted appellant of the charged offense and, in
accordance with an agreement with the State, the court sentenced
appellant to 20 years confinement in the Institutional Division of
the Texas Department of Criminal justice on July 31, 2014.
3. A unanimous panel of the First Court of Appeals rendered
judgment in an unpublished opinion on July 30, 2015, affirming
appellant's conviction and sentence.
4. Appellant's petition for discretionary review is due August 31
2015.
5. Appellant seeks an extension, in accordance with TEX. R. APP.
P. 68.2(c), until October 1, 2015, to file its petition for
discretionary review. This is appellant's first request for an
extension.
5. The following reasons are provided as good cause for granting the
extension:
a. OnAugust 2, 2015, counsel for appellant sent correspondence,
certified/return receipt requested, informing appellant of the
affirmation of his conviction and his right to file a pro se PDR
(AppendixA).
b. On August 28, 2015, appellant's counsel learned that the letter
had been rejected and returned to counsel.
c. Out of an abundance of caution, appellant is resending the
letter from August 2, 2015, and wants to ensure that appellant
has sufficient time to file a PDR should he choose to do so.
9. Appellant's petition is not for purposes of delay, but so that justice
may be done.
WHEREFORE, the Appellant prays that this Court will grant the
requested extension until October 1, 2015.
Respectfully submitted,
/s/Mandy Miller
Attorney for appellant
2910 Commercial Center Blvd., Ste. 103-201
Katy, TX 77494
SBN 24055561
PHONE (832) 900-9884
FAX (877) 904-6846
mandy@mandymille.rlegal.com
CERTIFICATE OF SERVICE
Pursuant to Tex. R. App. P. 9.5, this certifies that on the 30th day of
August, 2015, acopy of the foregoing was delivered to the following persons
through electronic mail:
Kimberly Aperauch Stelter
Harris County District Attorney
Stelter Kimberlvfa>dao.hctx.ne.r
Lisa McMinn
State Prosecuting Attorney
H_sa.mcminn@,spa.snitp t-v m
/s/Mandy Miller
Appendix A
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Mandy Miller
Mandy Miller Legal, PLLC
2910 Commercial Center Blvd., Suite 103-201
Katy, TX 77494
(832) 900-9884
JIMIIidiMiAiaiidvmillerleffal.com
August 2, 2015
Mr. Kanavius Dorsey (TDCJ# 01922478)
c/o Gib Lewis Unit
777 FM 3497
Woodville, TX 75990
RE: Kanavius Dorsey v. The State ofTexas,
Cause No. 01-14-00685-CR.
Mr. Dorsey,
The court of appeals has issued its opinion in your case affirming the judgment
of the trial court. Acopy is enclosed for your review. Based upon mv review of the
court's opinion and the current state of the law, I do not believe that petitioning the
Court of Criminal Appeals, pursuant to Rule 68 of the Texas Rules of Appellate
Procedure is warranted. Ifyou disagree, you may file apro se petition for discretionary
review (PDR) with the Court ofCriminal Appeals, pursuant to Rule 68, Texas Rules of
Appelate Procedure.
APDR is different from the briefI filed on your behalf. The goal with aPDR
is to convince the Court ofCriminal Appeals that the lower appellate court, not the trial
court, was wrong in its opinion. You may not use the PDR to raise issues not brought
out at tnal or appeal. 6
You have 30 days from the order affirming your conviction to file the petition
You may also be entitled to one 30 day extension. I have enclosed an extension for
your convenience.
If no petition is filed, once the time for filing of such has passed, the court of
appeals wdl issue amandate. The issuance of amandate will make your conviction
final and enable you to seek habeas relief. Both case law and the Code ofCriminal
Procedure require that aconviction in acase where the death penalty was not assessed
be "final" before awrit of habeas corpus can be heard. Should you chose to file awrit,
and ifyou so request, the trial court may appoint an attorney other than myself to assist
you in the writ proceeding. You will have to petition the court for the appointment of
counsel.
Please do not hesitate to contact me should you have any questions or concerns.
Sincerely,
VfULM
Mandy Miller
Enclosures
Dorsey, Kanavius v. State
Combined Opinion