PD-0256-15 PD-0256-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/9/2015 12:00:00 AM
Accepted 3/10/2015 9:11:45 AM
No. _________ ABEL ACOSTA
CLERK
In the
Texas Court of Criminal Appeals
At Austin
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No. 06-14-00150-CR
In the Court of Appeals for the
Sixth District of Texas
At Texarkana
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TIM PETTY,
Appellant
March 10, 2015 v.
STATE OF TEXAS,
Appellee
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FIRST MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
OF APPELLANT TIM PETTY
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COMES NOW, Micah Belden, Counsel for Tim Petty, and moves for a one-day
extension of time and would show:
1. The Sixth Court of Appeals below filed its opinion on February 4, 2015. A petition for
discretionary review therefore was due on March 6, 2015.
2. Due to a calendaring error of Counsel based on February having 28 days, he had it
marked down as due March 7, 2015, and therefore due to be filed on March 9, 2015 as
March 7, 2015 was a Saturday.
3. Counsel has also been extremely busy and heavily weighed down in two federal civil
cases with multiple discovery deadlines due throughout the month of February and the
first week of March, in addition to a full time criminal practice. Co-counsel on the civil
cases has had unexpected military commitments arise. That, plus several lost days of
work due to severe winter weather in north Texas made it impractical for counsel to
finish this petition for review prior to March 7, 2015.
4. Counsel requests a one day extension for the brief so that he may turn it in by March 9,
2015, and is filing the completed petition in addition to filing this motion. It is a simple
one-issue petition from a motion to adjudicate guilt. No prejudice will from filing it
electronically today, Sunday March 8, 2015, than if counsel had timely filed it at the end
of the day on March 6, 2015. The Defendant in the case is incarcerated on this charge.
5. No previous motion to extend time has been filed regarding this petition for discretionary
review. No motion for reconsideration was filed in the Court of Appeals.
6. Counsel’s late filing of the petition was not for delay, and not intentionally committed.
Counsel would show that it was excusable neglect, and that it also would have been
impractical for counsel to finish prior to March 7, 2015, and prays that this motion be
granted for a one day extension.
Respectfully submitted,
Micah Belden
711 N. Travis
Sherman, TX 75090
Telephone: (903) 744-4252
Fax: (903) 893-1734
State Bar No. 24044294
Board Certified in Criminal Law
Texas Board of Legal Specialization
CERTIFICATE OF SERVICE
I do hereby certify that on this March 8, 2015, a true and correct copy of this motion was
forwarded by email to:
Brad Setterberg
Assistant Fannin County District Attorney
101 E. Sam Rayburn, Third Floor
Bonham, TX 75418
_______/s/______________
Micah Belden