PD-0464-15
District Clerk
Texas Court of Criminal Appeals
P.O. Box 12308, Capitol Station
Austin, TX 78711
April \n.
1 I , 2D15
RE: Request for Extended Time to File Petition for Discretionary Review
Dear Clerk:
Please find enclosed a motion requesting this Court to grant a;.(6D) day
extension of time to file my Petition for Discretionary Review.
Please forward this to the appropriate persons. If you have any questions
or need further information, please contact me at the address listed below.
Thank you for your assistance with this matter.
Respectfully,
'Johnny Muldrow - Petitioner
Pro Se Representation
TDC3 #1934318
Mark Id. Stiles Unit
3D6D FM 3514
Beaumont, TX 777D5
FILED IN
COURT OF CRIMINAL APPEALS
APR 24 2015
Abel Acosta, Clerk
RECEIVED IN
COURT OF CRIMINAL APPEALS
APR 24 2015
AbelAcosta, Clerk
IN THE
TEXAS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Muldrow, Johnny §
(•Petitioner) §
§
§ Cause No,
§
THE STATE OF TEXAS §
(Respondent) §
PETITIONER'S FIRST REQUEST FOR EXTENDED TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW AND
REQUEST TO SUSPEND T.R.A.P. RULE 9.3(b)
TO THE HONORABLE OUSTICE(S) OF SAID COURT:
COMES NOld, 30HNNY MULDROld, Petitioner, pToceeding pro se and indigent
in the above styled and numbered cause, and respectfully asks this Court to
extend the filing deadline date for an additional (60) days, thus allowing
Petitioner to prepare and present a meaningful Petition for Discretionary
Review. In addition, Petitioner requests that due to his INDIGENT status,
that T.R.A.P. Rule 9.3(b) be suspended pursuant to T.R.A.P. Rule 2, allowing
Petitioner to file ONLY the original Petition for Discretionary Review
instead of the required (11) copies, as required by Rule 9.3(b)(1).
In support thereof, Petitioner would show the Court the following:
1 . Petitioner was advised by his court-appointed appellate attorney in a
letter dated (in error) July 16, 2015 though postmarked February 17, 2015,
that Petitioner's conviction was affirmed in Appellate Case No. 06-1^-00103-CR;
however, appellate counsel neglected to state when the Court ruled on
this case reaching this decision. (See Exhibits A and B).
2. Petitioner had never been contacted previously by his appellate counsel,
and it was only after inquiring to his court-appointed trial counsel that
he learned who his appellate counsel was and said counsel's contact
information. (See Exhibit C)- Petitioner then requested copies of the
following documents upon learning of the Court's ruling:
a. Appellate Brief
b. State's Response Brief
c. Reply Brief (if submitted)
d. Court's Ruling and Opinion
e. Petition for Discretionary Review (if submitted)
This letter was mailed to appellate counsel on March 15, 2015 (See Exhibit D).
3. Petitioner received a copy of the Appellate Brief that appellate counsel
submitted to the Court on March 2k, 2015; however, there was no accompanying
letter and the postmark was blocked out, so Petitioner has no way to tell
as to the date that the Appellate Brief was mailed to him. (See Exhibit E).
k. Appellate counsel so far has failed to provide copies of the State's Response
Brief as well as the Court's ruling and opinion, in violation of T.R.A.P.
Rule kQ.k.
5. Petitioner submits that he has only just learned of the results of his
direct appeal, and has thus attempted to acquire knowledge of when this
decision was ruled by the Court, and thus respectfully requests that the
time period for filing his Petition for Discretionary Review begin on the
date he received a copy of his Appellate Brief, March 2k, 2015, which was
in direct response to his request for a copy of the Court's ruling sent
to his appellate cousel. Thus, the beginning for this motion to extend
the time for filing his Petition for Discretionary Review would begin on
April 2k, 2015 and end June 23, 2015.
6. Petitioner must assume that his appellate counsel did not file a Petition
for Discretionary Review previously on Petitioner's behalf, due to counsel's
refusal to provide a copy.
7. Petitioner was indigent during trial as well as during his appellate
proceedings and continues to be indigent.
8. Petitioner submits that he does NOT have the legal skills capable to handle
this proceeding and requires assistance from a fellow inmate due to the
complexity of the issues involved with the case.
9. Petitioner is NOT requesting additional time to file his PDR to harass
Respondent nor delay proceedings, but for the sole purpose of preparing
and presenting a meaningful Petition for Discretionary Review.
UHEREFORE, PREMISES CONSIDERED, Petitioner asks this Court to grant
this motion, extending the filing deadline date for his PDR for an additional
(60) days, from April 2k, 2015, or any additional time this Court deems
appropriate. ADDITIONALLY, Petitioner asks that, due to indigent status,
T.R.A.P. Rule 9.3(b) be suspended pursuant to T.R.A.P. Rule 2, allowing
Petitioner to file ONLY the original and (2) copies of his PDR in this Court.