PD-0446-15
COURT OF CRIMINAL APPEALS
PD-0446-15 AUSTIN, TEXAS
Transmitted 4/21/2015 1:35:02 PM
April 22, 2015 Accepted 4/22/2015 10:17:33 AM
ABEL ACOSTA
CLERK
PD-__________________
CAUSE NO. 11-13-00060-CR
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AUSTIN, TEXAS
_________________________________________________
ASHLEY JACK CODY HENDERSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________________________
MOTION FOR EXTENSION OF TIME WITHIN WHICH TO
FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS OF TEXAS:
COMES NOW, ASHLEY JACK CODY HENDERSON, appellant,
by and through his attorney of record and files this, his first motion for an
extension of time within which to file appellant’s petition for discretionary
review (PDR). In support of said motion, appellant would respectfully show
this Honorable Court as follows:
I.
On January 16, 2013 appellant was convicted in the 39th Judicial
District Court of Haskell County, Texas of possession of controlled
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substance in cause number 6547, said cause being styled The State of Texas
v. Ashley Jack Cody Henderson. Appellant was assessed a sentence of
sixty (60) years’ imprisonment in TDCJ and is incarcerated.
II.
The Court of Appeals for the Eleventh District at Eastland, Texas, by
opinion dated March 26, 2015, affirmed the conviction.
This first motion for extension of time within which to file appellant’s
PDR is filed on or before the due date for the filing of said PDR pursuant to
Rules 4 and 9.2 Texas Rules of Appellate Procedure.
III.
Although counsel has made diligent effort to complete the PDR
herein, counsel has been unable to adequately research and prepare the PDR
for consideration by this Honorable Court.
Appellant relies on the following facts as good cause for the requested
extension: The undersigned has had numerous appellate deadlines in the
Courts of Appeal for the Third and Eleventh Districts and the Court of
Criminal Appeals in the past thirty days, all of which preceded the filing
deadline herein including: The filing of a brief in Antonious Brinson v.
The State of Texas, Cause No. 03-14-00702-CR on April 6, 2015, the filing
of PDR’s in Jeremy Steadman v. The State of Texas on March 16, 2015,
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Cause No. PD-0288-15, and Allen DeLoach v. The State of Texas, Cause
No. PD-0283-15 on March 16, 2015, and the preparation of briefs in Robert
Conrad Zepeda v. The State of Texas, Cause Nos. 11-14-00254-CR and 11-
14-00255-CR presently due April 26, 2015.
Counsel does not seek this additional time to intentionally disregard
this Honorable Court’s docket and scheduling order, but the effective
preparation of the PDR in this matter has been impossible due to the reasons
stated above and because of which Counsel seeks an additional thirty (30)
days within which to file appellant’s petition for discretionary review.
WHEREFORE, appellant prays that the Honorable Justices of this
Court would, in all things, grant this first motion for extension of time
within which to file appellant’s petition for discretionary review and would
extend the deadline in this cause to May 28, 2015.
Respectively submitted,
COPELAND LAW FIRM
P.O. Box 399
Cedar Park, TX 78613
Phone: 512.897.8196
Fax: 512.215.8114
Email: tcopeland14@yahoo.com
By: /s/ Tim Copeland
Tim Copeland
State Bar No. 04801500
Attorney for Appellant
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CERTIFICATE OF SERVICE
AND OF COMPLIANCE WITH RULE 9
This is to certify that on April 21, 2015, a true and correct copy of the
above and foregoing document was served on Michael Fouts, District
Attorney of Haskell County, P.O. Box 193, Haskell, Texas 79521 and the
State Prosecuting Attorney, PO Box 12405, Capital Station, Austin, Texas
78711 in accordance with the Texas Rules of Appellate Procedure and,
further, that this motion is in compliance with Rule 9 of the Texas Rules of
Appellate Procedure and that portion which must be included under Rule
9.4(i)(1) contains 608 words.
.
/s/ Tim Copeland
Tim Copeland
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