PD-0674-15
Reginald F. Bell
TDCJ-ID No. 1923613
James A. Lynaugh Unit
1098, South Hwy 2037
Fort Stockton, Tx 79735 RECEIVED IN
COURT OF CRHWINAI APPEALS
To. JUN 01 2015
Abel Acosta
Clerk of the Court
Court of Criminal Appeals
201 W. 14th St. Room 106
P . O . Box No. 12308
Austin, Tx 78711-2308 Date: May 26, 2015,
Dear Clerk,
Enclosed please find my pro se Defendant's Motion for
Extension of time to file petition for Discretionary Review. Please
file this Motions and bring it to the attention of the Court.
Please date-stamp this letter and return it to me at my address
shown above.
I also request that you notify me of the Court's ruling on my
Motion.
Thank you for your time and attention in this matter.
cc: file Sincerely Yours,
FILED IN
COURT OF CRIMINAL APPEALS
JUM G3 2C<5
Tleglnald F. Bell
Abel Acosta, Clerk TDCJ-ID #1923613
Defendant pro se
Cause No.
IN THE
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
REGINALD F. BELL
V.
THE STATE OF TEXAS
FROM APPEAL NO. 02-14-00156-CR
TRIAL COURT CAUSE NO. 1319218D
TARRANT COUNTY, TEXAS
FIRST MOTION FOR EXTENSION OF TIME TO FILE
PETITIONS FOR DISCRETIONARY REVIEW
Reginald F. Bell
TDCJ-ID No. 1923613
James A. Lynaugh Unit
1098. South Hwy 2037
Ft. Stockton, Tx 79735
CAUSE NO.
IN THE
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
REGINALD F. BELL
V,
THE STATE OF TEXAS
FROM APPEAL NO. 02-14-00156-CR
TRIAL COURT CAUSE NO. 1319218D
TARRANT COUNTY, TEXAS
FIRST MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE SAID COURT:
COMES NOW, REGINALD F. BELL, TDCJ-ID #1923613, Petitioner, and
files this motion for an Extension of Time for Sixty (60) days in
which to file a Petition for Discretionary Review. In support of
this Motion, Appellant shows the Court the following:-
I.
The Petitioner was convicted in the 371th Judicial District
Court of Tarrant County, Texas of the offense of Indecency with a
Child in Cause No. 1319218D, Styled: State of Texas v. Reginald F.
Bell. The Petitioner appealed to the Court of Appeals for the Second
Supreme Judicial Court District. The case was affirmed on 04/16/2015,
Petition for Discretionary Review Page 1
II.
The present deadline for filing the Peition for Discretionary
Review is 05/16/2015. The petitioner has not requested any exten
sion prior to this request.
III.
Petitioner's request for an extension is based upon the follo
wing facts: Petitioner was not informed of the decision of the Court
of Appeals in affirming his case until 04/'28/2015. Since that time
Petitioner has been attempting to gain legal representation in this
matter. His attorney on the appeal, Don Hase, has informed him that
he will not represent him on the petition for Discretionary Review.
Wherefore, petitioner prays this Court grant this Motion and
extend the deadline for filing the petition for Discretionary Review
in Cause No. 1319218D to 02-14-00156-CR..
SO PRAYED on this the 26th.day_of May, 2015.
Resp^&tfully Submitted,
Reginald F. Bell
TDCJ-ID No. 1923613
James A. Lynaugh Unit
1098, South Hwy 2037
Ft. Stockton, Tx 79735
Verification
I, Reginald F. Bell, TDCJ-ID #1923613, being presently incarce
rated in the James A. Lynaugh Unit of the Texas Department of Criminal
Justice, Institutional Division in Pecos County, Texas, verify and
declare under penalty of perjury that the foregoing statements are
Petition for Discretionary Review Page 2
true and correct, Executed on this the 26th day of May, 2015.
Resp&crhfully Submitted,
Reginald F. Bell
Petitioner pro-se
pro-s
Certificate of Service
I certify that a true and correct copy of the above and fore
going First Motion for Extension of Time to file a Petition for
Discretionary Review, has been forwarded by U.S. Mail, Postage Pre
paid, First Class, to the Attorney for the State Kent Paxton, at
300 W. 15th St. 78701, P.O. Box No. 12548, Austin, Texas 78711-
2548, and to the State Prosecuting Attorney, P.O. Box 12405.
Austin. Tx 78711 on this the 26th day of May, 2015.
Respectfully Submitted,
Reginald F. Bell
TDCJ-ID #1923613
James A. Lynaugh Unit
1098, South Hwy 2037
Fort Stockton. Tx 79735
Petition for Discretionary Review Page 3
0
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BALL & HASE
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS AT LAW
WES BALL 4025 WOODLAND PARK BLVD
HOARD CERTIRED-CRIMINAL LAW SUITE 100
TEXAS HOARD Ol- LEGAL SPECIALIZATION ARLINGTON, TEXAS 76013
DON HASE TELEPHONE (817) 860-5000
BOARD CERTIRED-CRIMINAL LAW TELEFAX (817) 860-6645
TEXAS BOARD OF LEGAL SPECIALIZATION
April 20,2015
Mr. Reginald Fritz Bell Via: Certified Mail No. 7013 0600 0001 8818 7415
TDCJ# 01923613 Return Receipt Requested
Lynaugh Unit
1098 South Highway 2037
Fort Stockton, Texas 79735
Re: Cause No: 02-14-00156-CR; Reginald Fritz Bell vs. State of Texas in the Court
ofAppealsfor the Second District ofTexas, Fort Worth, Texas
Dear Mr. Bell:
I have received the order from the Court of Appeals in your case affirming your conviction and
sentence. The Court's opinion is dated April 16, 2015. I have enclosed a photocopy of the order.
I am not going to file a Petition for Discretionary Review. A Petition for Discretionary Review
must be filed within 30 days of the Court of Appeals opinion. [The Court of Criminal Appeals
may grant a 15 day extension. See Rule of Appellate Procedure 68.2 (enclosed)]. My work as
your court-appointed attorney is finished. If you wish to file a Petition for Discretionary Review
or a writ of habeas corpus, you will need to do that on your own or hire your own attorney to file
one on your behalf. Be advised that for the most part, the first writ of habeas corpus is the only
writ you will be able to file and have considered by the Court of Criminal Appeals.
There is now a "statute of limitations" for filing a federal writ of habeas corpus. You must file it
within one year of the completion of your direct appeal. If no Petition for Discretionary Review
is filed then it must be filed within one year of the date of the opinion or the date of the
overruling of a timely filed Motion for Rehearing, if a Rehearing is filed. If a Petition for
Discretionary Review is filed, then the time begins to run at the end of the action by the Court of
Criminal Appeals plus 90-days if you do not file for certiorari to the Supreme Court of the
United States. If you file for writ of certiorari to the United States Supreme Court, (that must be
within 90 days of the denial of your PDR or opinion) then, the time the application is pending is
not included in your one-year time limit. If you file a writ of habeas corpus in the State Court,
then the time your writ is pending from the time you file it to its final decision is not counted
toward your one year time for filing a Federal Writ of Habeas Corpus. From the time your
appeal is final, you must subtract from the one year the time limit ofthe time between the start of
Mr. Reginald Fritz Bell
April 20,2015
Page 2 of 2
the limitation period to the filing of the State Court writ of habeas corpus. After the Court of
Criminal Appeals denies relief, then you start counting from where you stopped when you filed
the state court writ. You have a total of one year if no Petition for Discretionary Review is filed
from the date of the opinion in the Court of Appeals or the overruling of a timely filed Motion
for Rehearing, or 90 days after a timely filed Petition for Discretionary Review is denied or an
opinion of Criminal Appeals is filed or Motion for Rehearing overruled.
If no Petition for Discretionary Review is filed, then you do not get the additional 90-days from
the date of the opinion.
I will not be filing these actions on your behalf.
Sincerely,
DON HA^E ^
DH/md
Enclosures