PD-0381-15
PD-0381-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/2/2015 4:32:35 PM
April 2, 2015 Accepted 4/2/2015 4:47:29 PM
PD ABEL ACOSTA
CLERK
NO. 02-13-00380-CR
STATE OF TEXAS § IN THE
VS. § COURT OF
ADRIAN LEE WHITEMON § CRIMINAL APPEALS
APPELLANT'S MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Comes now Appellant, and files this Motion for the Court to extend the time for filing of
Appellant's PDR and shows the Court the following:
1. Appellant was convicted of Possession of Control Substance 4-200G-PG1 on Cause
Numbers, 1209550D styled "The State of Texas v. Adrian Lee Whitemon” in the 432nd District
Court of Tarrant County, Texas. Appellant was sentenced to thirty-five years confinement in the
Institutional Division of the Texas Department of Corrections on August 01, 2013.
2. Appeal was perfected by notice of appeal filed on August 16, 2013. A motion for new
trial was filed. Appellant’s appeal was affirmed by the Second Court of Appeals on March 05,
2015.
3. Appellant's PDR is due in the Court of Criminal Appeals on April 02, 2015.
4. Appellant seeks an extension of forty-five days within which to file the PDR. There
has not been any previous extensions of time requested to file PDR.
5. This extension is not requested for purposes of delay but rather to adequately brief the
legal issues for appeal and insure justice is done.
6. The Appellant’s initial Appeal was affirmed by the Court of Appeals on March 05,
2015. Since this date, counsel for Appellant has been in trial or preparing for trial on major cases,
Styled “The State of Texas vs. Jacqueline Plack” in 432nd District Court, on a Roberry case.
AThe State of Texas vs. Kendrick Malone@ in the Criminal District Court No. 1, on a Aggravated
Assault Deadly Weapon case, AThe State of Texas vs. Dax Morgan @ in the 415th Criminal
District Court in Parker County , Indecency with a child sexual contact and Poss with intent to
Promote Child Pornography cases,
These cases were or are all contested trials and Counsel for Appellant is either preparing
them for trial or actually in trial, as well as handling many other cases. It has not been possible
for Counsel to complete the PDR due to this large number of court settings and serious cases
which went or are going to lengthy jury trials.
Appellant’s attorney apologies to the Court for requesting an extension of time; however,
counsel’s unexpected trial schedule has prohibited counsel’s ability to prepare the PDR.
An extension of forty-five days will be necessary and adequate to allow the completion
of the PDR.
WHEREFORE, ALL PREMISES CONSIDERED, Appellant prays that the Court
grant an extension of forty-five days to file the PDR.
Respectfully submitted,
Lisa Mullen
_________________________
/s/Lisa Mullen
Attorney at Law
3149 Lackland Road, Suite 102
Fort Worth, Texas 76116
817-332-8900
Fax: 817-332-8904
SBN: 03254375
lisa@mullenlawoffice.com
CERTIFICATE OF SERVICE
This is to certify that on April 02, 2015 a true and correct copy of the above and
foregoing document was served with the Tarrant County District Attorney's Office, 401
West Belknap, Fort Worth, Texas, 76196, by U.S. Postal Mail.
Lisa Mullen
________________________________
/s/Lisa Mullen
Attorney at Law
CERTIFICATE OF CONFERENCE
I, Lisa Mullen, certify that I have conferred with Counsel for the State and they
do not oppose the granting of Appellant’s Motion for Extension of Time to file
Appellant’s PDR.
Lisa Mullen
________________________
/s/ Lisa Mullen
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF TARRANT
I, Lisa Mullen, Attorney at Law, being duly sworn, on my oath say that the facts
stated in the foregoing motion are true and correct to the best of my knowledge.
Lisa Mullen
_______________________
/s/Lisa Mullen
Attorney at Law
State Bar Number: 03254375
Subscribed to and sworn before me on this date: April 02, 2015
Nancy Mata Martinez
________________________
/s/ Nancy Mata Martinez
Notary Public for The State
My Commission expires: August 31, 2016