PD-0313-15 & PD-0314-15
PD-0313&0314-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
March 25, 2015
Transmitted 3/25/2015 12:06:40 PM
Accepted 3/25/2015 1:19:44 PM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
WALTER TENDAI CHIDYAUSIKU, §
Appellant §
v. § NOS. PD-____-15
§ & PD-____-15
THE STATE OF TEXAS, §
Appellee §
AMENDED FIRST MOTION FOR EXTENSION OF TIME FOR
FILING OF STATE’S PETITION FOR REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The State requests that the Court grant an extension of time for the
filing of the State’s petition for review in these cases. TEX.R.APP.P. 10.5(b)
& 68.2(c). The following allegations are made in support of this motion:
-I-
The court below is the Court of Appeals for the Second Court of
Appeals District of Texas. The style and number of the cases in the court of
appeals is Walter Tendai Chidyausiku v. The State of Texas, cause numbers
02-14-00077-CR and 02-14-00078-CR. On February 19, 2015, the Second
Court of Appeals reversed the trial court’s convictions in a published opinion
authored by Justice Lee Ann Dauphinot. No motion for rehearing was filed.
- II -
Charged with intoxication assault and intoxication manslaughter
Appellant relied on the Supreme Court’s decision in Missouri v. McNeely,
___ U.S. ___, 133 S.Ct. 1552 (2013) during a pretrial suppression hearing.
The trial court, Hon. Michael Thomas, rejected Appellant’s motion to
suppress, and the Fort Worth Court of Appeals reversed that decision.
Chidyausiku v. State, ___ S.W.3d ___, 2015 WL 737391 (Tex. App.—Fort
Worth Feb. 19, 2015).
- III -
The appeals were perfected on February 21, 2014, the date notice of
appeal was filed.
- IV -
The current deadline for filing the State’s petition for discretionary
review is March 23, 2015. No extension has previously been granted
regarding the State’s petition.
-V-
The extension is not requested for purposes of delay but rather to
adequately brief the legal issues warranted by the decision of the court of
appeals.
- VI -
Counsel has had the following other obligations which have prevented
her from completing the State’s petition. Before this Court, counsel filed her
Motion for Rehearing on Denial of Discretionary Review in Max David
Voltmann v. State, cause number PD-1737-13. Counsel also filed her
petition for discretionary review in Gene Allen Burks v. State, cause number
PD-0157-15 raising three questions for review. Before the Second Court of
Appeals, counsel filed her State’s Appeal Brief in State v. Dennis M. Taylor,
cause number 02-14-00456-CR, raising three points of error. Counsel filed
another State’s Appeal Brief in State v. Laura Ann Swan, cause number
02-14-00416-CR, raising three points of error. Counsel also presented
argument in State v. Scott Ellery Crawford, Jr., cause number
02-14-00289-CR. Counsel also reviewed a trial transcript and, ultimately,
filed her State’s Notice of Appeal in State v. Cameron Varley, cause number
02-15-00076-CR. For all of these reasons, counsel requests an additional
thirty days in which to file the State’s petition.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays
that this Court grant this Amended First Motion for Extension of Time for
Filing the State’s Petition for Discretionary Review and extend the time for
filing of the State’s brief for thirty days to April 22, 2015.
Respectfully submitted,
SHAREN WILSON
Criminal District Attorney
Tarrant County, Texas
DEBRA WINDSOR, Assistant
Criminal District Attorney
Chief, Post-Conviction
/s/ TANYA S. DOHONEY
TANYA S. DOHONEY, Assistant
Criminal District Attorney
State Bar No. 02760900
Tim Curry Criminal Justice Center
401 W. Belknap
Fort Worth, Texas 76196-0201
(817) 884-1687
FAX (817) 884-1672
COAappellatealerts@tarrantcountytx.gov
CERTIFICATE OF SERVICE
A true copy of the State’s amended motion has been e-served to
opposing counsel, Hon. Wes Ball, WBnotices@ballhase.com, 4025 Woodland
Park Boulevard #100, Arlington, Texas, 76013, and to the State Prosecuting
Attorney, the Hon. Lisa McMinn, information@spa.texas.gov, P.O. Box
13046, Austin, Texas 78711 this 25th day of March, 2015.
/s/ TANYA S. DOHONEY
TANYA S. DOHONEY
H:\DOHONEY.D11\MOTIONS\032015 chidyausiku pdr 1x.docx