PD-0760-15
PD-0760-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/23/2015 9:30:27 AM
Accepted 6/24/2015 11:04:40 AM
ABEL ACOSTA
No. __________________ CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
SITTING AT AUSTIN, TEXAS
ANTHONY CHAMBERLAIN
Appellant
V.
June 24, 2015
THE STATE OF TEXAS
Appellee
On Petition for Discretionary Review from the Fifth Court of Appeals
Sitting at Dallas, Texas
in Cause No.
05-13-01213-CR
On appeal from 194th Judicial District Court
of Dallas County, Texas
In Cause No. F12-63564-H
MOTION FOR AN EXTENSION OF TIME
IN WHICH TO FILE
PETITION FOR DISCRETIONARY REVIEW
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COMES NOW Anthony Chamberlain, Appellant, and respectfully submits
this Motion for an Extension of Time in Which to File Petition for Discretionary
Review in the above entitled and numbered cause. In support of this Motion, Appellant
would show this Honorable Court the following:
I.
Appellant was charged by indictment with the offense of possession of a
controlled substance between four and two hundred grams with the intent to deliver.
(CR: 8). The indictment also included two enhancement paragraphs alleging prior
convictions for possession of a controlled substance over four grams with intent to
deliver and possession of a controlled substance over one gram. (CR: 8). Appellant
pled not guilty to the primary charge in the indictment. (RR3: 8). A jury trial was held,
and the jury found Appellant guilty of the offense. (RR4: 85). After a hearing on
punishment, the court assessed punishment at thirty years. (RR5: 46). Judgment was
entered by the trial court on August 16, 2013. (CR: 48). A notice of appeal was timely
filed. (CR: 46).
II.
Appellant’s conviction was affirmed in the Court of Appeals on May 27, 2015 in
an unpublished opinion. Chamberlain v. State, No. 005-13-01213-CR, 2015 Tex. App.
LEXIS 5310 (Tex. App. – Dallas, May 27, 2015).
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III.
The deadline for filing a Petition for Discretionary Review is June 26, 2015.
Appellant brings this motion for an extension of time within 15 days of the last date for
filing Petition for Discretionary Review, i.e., by filing this motion electronically on
June 23, 2015. TEX. R. APP. P. 68.2 (c).
IV.
Appellant requests an extension of time for a period of thirty (30) days. No prior
request for an extension of time has been made.
V.
The facts relied upon to show good cause for this requested extension are as
follows:
(1) The undersigned attorney filed a brief in cause numbers 06-14-00234-CR
& 06-14-00235-CR styled Melvin Wayne Richardson v. State of Texas on
April 20, 2015 pending in the 6th District Court of Appeals, Texarkana,
Texas.
(2) The undersigned attorney filed a brief in cause numbers 05-14-01075-CR
styled Jorge Gutierrez v. State of Texas on April 24, 2015 pending in the 5th
District Court of Appeals, Dallas, Texas.
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(3) The undersigned attorney filed a brief in cause numbers 05-14-01251-CR
and 05-14-01252-CR styled Lavandra Donteka Rushing v. State of Texas on
May 22, 2015 pending in the 5th District Court of Appeals, Dallas, Texas.
(4) The undersigned attorney filed a brief in cause number 05-14-01369-CR
styled Ronnie Creige Wilson v. State of Texas on May 27, 2015 pending in
the 5th District Court of Appeals, Dallas, Texas.
(5) The undersigned attorney filed a brief in cause number 05-14-01122-CR
styled Vicente Alejandro Perez v. State of Texas on June 18, 2015 pending in
the 5th District Court of Appeals, Dallas, Texas.
(6) The undersigned attorney is also preparing a brief in cause number 05-
14-001308/01309-CR styled Gerardo De La Cruz v. State of Texas pending
in the 5th District Court of Appeals, Dallas, Texas.
(7) The undersigned attorney is also preparing a brief in cause number 05-14-
001445-CR styled Lakeisha Shanta Hill v. State of Texas pending in the 5th
District Court of Appeals, Dallas, Texas.
VI.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests
that this Honorable Court extend time for filing the Petition for Discretionary Review
for 30 days.
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Respectfully submitted,
/s/ Nanette Hendrickson
Lynn Richardson Nanette Hendrickson
Chief Public Defender Assistant Public Defender
Dallas County, Texas State Bar No. 24081423
Frank Crowley Courts Building
133 N. Industrial Blvd., LB-2
Dallas, Texas 75207-4399
nanette.hendrickson
@dallascounty.org
(214) 653-3582 (phone)
(214) 653-3539 (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing brief was served on the Dallas
County Criminal District Attorney’s Office (Appellate Section), 133 N. Industrial
Blvd., LB-19, 10th Floor, Dallas, Texas, 75207, by hand delivery and electronic
service to Lori Ordiway at DCDAAppeals@dallascounty.org on June 23, 2015.
/s/ Nanette Hendrickson
Nanette Hendrickson
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