PD-1083&1084&1085-15
PD-1083&1084&1085-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/19/2015 3:05:45 PM
Accepted 8/20/2015 1:24:56 PM
ABEL ACOSTA
Nos. CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
TADARRIAN ANTWOINE JOHNSON,
Petitioner–Appellant
v.
THE STATE OF TEXAS,
Respondent–Appellee
Petition for Discretionary Review
from the Fifth District Court of Appeals at Dallas
Cause Nos. 05-14-00791-CR, 05-14-00792-CR, and 05-14-00793-CR
Appeal from the 204th Judicial District Court
of Dallas County, Texas
Cause Nos. F13-59105-Q, F13-59106-Q, and F13-59536-Q
MOTION FOR EXTENSION OF TIME
TO FILE A PETITION FOR DISCRETIONARY REVIEW
Tadarrian Antwoine Johnson, Appellant below, respectfully submits this
Motion for an Extension of Time to File a Petition for Discretionary Review in the
above–styled and numbered causes. In support of this Motion, he shows this
Honorable Court the following:
August 20, 2015
I.
Appellant entered an open plea of guilty to burglary of a building,
aggravated assault of a public servant, and evading arrest. The trial court found
Appellant guilty of all three charges. The trial court sentenced him to ten months’
imprisonment in the burglary of a building and evading arrest cases and ten years’
imprisonment in the aggravated assault case.
II.
The Court of Appeals affirmed the trial court’s judgments in a memorandum
opinion and judgment filed on July 31, 2015. Johnson v. State, Nos. 05-14-00791-
CR, 05-14-00792-CR, and 05-14-00791-CR, 2015 Tex. App. LEXIS 8110 (Tex.
App.—Dallas July 31, 2015) (mem. op., not designated for publication). Appellant
did not file a motion for rehearing. Appellant’s petition for discretionary review is
due on or before August 30, 2015. See TEX. R. APP. P. 68.2(a); see also TEX. R.
APP. P. 4.1(a). Any motion for extension of time to file a petition for discretionary
review is due on or before September 14, 2015. See TEX. R. APP. P. 68.2(c); TEX.
R. APP. P. 4.1(a).
III.
The facts relied upon to show good cause for this requested extension are as
follows:
1. Appellant was represented by court appointed counsel during appeal of
2
this case to the Court of Appeals.
2. It is undetermined at this time whether Appellant will proceed pro se for
purposes of filing a Petition for Discretionary Review. Additional time is
needed for consultation between appellate counsel and Appellant on this
issue.
3. If Appellant proceeds pro se, then additional time will be needed to
prepare and file the Petition pro se or to seek other legal assistance in
filing the Petition.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully
requests that this Honorable Court extend the time for filing a Petition for
Discretionary Review for sixty days.
Respectfully submitted,
Lynn Richardson
Chief Public Defender
Dallas County
Katherine A. Drew
Chief, Appellate Division
Dallas County Public Defender’s Office
/s/ Julie Woods
Julie Woods
Assistant Public Defender
Dallas County Public Defender’s Office
State Bar Number: 24046173
133 N. Riverfront Blvd., LB 2
Dallas, Texas 75207
(214) 653-3550 (telephone)
(214) 653-3539 (fax)
Julie.Woods@dallascounty.org
Attorneys for Petitioner
3
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing Motion for Extension of Time to
File a Petition For Discretionary Review was served on the Dallas County District
Attorney’s Office, Appellate Division, 133 N. Riverfront Blvd., LB-19, 10th Floor,
Dallas, Texas 75207, by eServe on August 19, 2015.
I further certify that a true copy of the foregoing Motion for Extension of
Time to File a Petition For Discretionary Review was served on Lisa C. McMinn,
the State’s Prosecuting Attorney, P.O. Box 13046, Capitol Station, Austin, Texas
78711, by eServe on August 19, 2015.
/s/ Julie Woods
Julie Woods
4