PD-1137-15 PD-1137-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/1/2015 9:59:38 AM
Accepted 9/1/2015 2:32:56 PM
ABEL ACOSTA
No. __________________ CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
SITTING AT AUSTIN, TEXAS
SIR MELVIN WRIGHT
September 1, 2015
Appellant
V.
THE STATE OF TEXAS
Appellee
On Petition for Discretionary Review from the Fifth Court of Appeals
Sitting at Dallas, Texas
in Cause No.
05-14-00641-CR
On appeal from the 283rd Criminal District Court
of Dallas County, Texas
In Cause No. F11-72119-T
MOTION FOR AN EXTENSION OF TIME
IN WHICH TO FILE
PETITION FOR DISCRETIONARY REVIE
COMES NOW Sir Melvin Wright, Appellant, and respectfully submits this
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Motion for an Extension of Time in Which to File Petition for Discretionary Review in
the above entitled and numbered cause. In support of this Motion, Appellant would
show this Honorable Court the following:
I.
Appellant was indicted and pled guilty to the charge of failure to register as a
sex offender enhanced in the 283rd Criminal District Court in Dallas County, Texas.
(RR2: 6; CR: 11). On September 24, 2012, the trial court sentenced Appellant to ten
years to serve, but suspended the sentence. (RR2: 17). The trial court placed Appellant
on five years’ community supervision and assessed a fine of $500.00. (RR2: 17). On
November 7, 2013, after a hearing on the State’s motion to revoke, the trial court
denied the State’s motion to revoke, but modified Appellant’s probation rules to
include seven days in the county jail. (RR3: 9-10). On May 16, 2014, after a hearing
on the State’s motion to revoke, the trial court sustained the motion and sentenced
Appellant to five years’ incarceration. (RR4: 22; CR: 70).
II.
Appellant’s conviction was affirmed in the Court of Appeals on February 3,
2015 in an unpublished opinion. Wright v. State, No. 05-14-00641-CR, 2015 Tex.
App. LEXIS 8161 (Tex. App. – Dallas, August 4, 2015).
III.
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The deadline for filing a Petition for Discretionary Review is September 3,
2015. Appellant brings this motion for an extension of time within 15 days of the last
date for filing Petition for Discretionary Review, i.e., by filing this motion
electronically on September 1, 2015. TEX. R. APP. P. 68.2 (c).
IV.
Appellant requests an extension of time for a period of thirty (30) days. No prior
request for an extension of time has been made.
V.
The facts relied upon to show good cause for this requested extension are as
follows:
(1) The undersigned attorney filed a motion for rehearing in cause number
05-14-00635-CR styled Anthony Bernard Johnson v. State of Texas on July
10, 2015 pending in the 5th District Court of Appeals, Dallas, Texas.
(2) The undersigned attorney filed a petition for discretionary review in cause
number PD-0760-15 styled Anthony Chamberlain v. State of Texas on July
30, 2015 pending in the Texas Court of Criminal Appeals, Austin, Texas.
(3) The undersigned attorney filed a brief in cause number 05-14-01609-CR
styled Ricardo Velazquez v. State of Texas on August 10, 2015 pending in the
5th District Court of Appeals, Dallas, Texas.
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(4) The undersigned attorney filed a brief in cause number 05-14-00945-CR &
05-14-00946-CR styled Laderek Kinte Reynolds v. State of Texas on August 19,
2015 pending in the 5th District Court of Appeals, Dallas, Texas.
(5) The undersigned attorney is preparing a brief in cause number 05-14-00186-
CR styled Charles Dewayne Hooks v. State of Texas pending in the 5th District
Court of Appeals, Dallas, Texas.
VI.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests
that this Honorable Court extend time for filing the Petition for Discretionary Review
for 30 days.
Respectfully submitted,
/s/ Nanette Hendrickson
Lynn Richardson Nanette Hendrickson
Chief Public Defender Assistant Public Defender
Dallas County, Texas State Bar No. 24081423
Frank Crowley Courts Building
133 N. Industrial Blvd., LB-2
Dallas, Texas 75207-4399
nanette.hendrickson
@dallascounty.org
(214) 653-3582 (phone)
(214) 653-3539 (fax)
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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing brief was served on the Dallas
County Criminal District Attorney’s Office (Appellate Section), 133 N. Industrial
Blvd., LB-19, 10th Floor, Dallas, Texas, 75207, by hand delivery and electronic
service to Lori Ordiway at DCDAAppeals@dallascounty.org on September 1, 2015.
/s/ Nanette Hendrickson
Nanette Hendrickson
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