PD-1370-15 PD-1370-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/20/2015 4:51:37 PM Accepted 10/21/2015 3:17:51 PM ABEL ACOSTA CLERK NO. ______________ IN THE TEXAS COURT OF CRIMINAL APPEALS _______________________________________________________________ ROBERT TRACY WARTERFIELD Appellant v. THE STATE OF TEXAS Appellee ________________________________________________________________ FROM THE FIFTH COURT OF APPEALS CAUSE NO. 05-12-00646-CR ON APPEAL FROM THE 7TH JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS TRIAL COURT NO. F10-61655-Y THE HONORABLE MICHAEL SNIPES PRESIDING APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW BRUCE ANTON State Bar No. 01274700 ba@sualaw.com SORRELS, UDASHEN & ANTON 2311 Cedar Springs, Suite 250 Dallas, Texas 75201 October 21, 2015 (214) 468-8100 (office) (214) 468-8104 (fax) Attorney for Appellant 1 COMES NOW, Robert Warterfield, Appellant herein, and moves this court to issue an extension of time to file his petition for discretionary review, and in support thereof would show the court as follows: I. The number and style of the case in the District Court is No. F10-61655-V, State of Texas v. Robert Tracy Warterfield. II. A mandate from the Fifth Court of Appeals in cause number 05-12-00646- CR, granting an out-of-time Petition for Discretionary Review was rendered on September 21, 2015. III. The present deadline for filing the petition for discretionary review in this matter is October 21, 2015. IV. No extensions of time to file the brief were previously requested. V. The reason for this request is that during the last few weeks counsel has been working on the following: 1. Petition for Writ of Certiorari in Charles Don Flores v. William Stephens, Director, in the Supreme Court of the United States. APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 2 2. Petition for Discretionary Review in Cristal Paullett Richardson v. The State of Texas, case no. PD-1172-15 in the Texas Court of Criminal Appeals. 3. Appellant’s Reply Brief in Vincent Dewayne Johnson v. The State of Texas, cause nos. 05-15-00403-CR, 05-15-00404-CR and 05-15-00405-CR in the Fifth Court of Appeals of Texas. 4. Application for Writ of Habeas Corpus and Memorandum in Support in Ex Parte Eduardo Enrique Alfaro, in the 401st Judicial District Court of Collin County, Texas. WHEREFORE, PREMISES CONSIDERED, Appellant requests this court to grant an extension of time to file his petition for discretionary review until November 20, 2015. RESPECTFULLY SUBMITTED, /s/ Bruce E. Anton BRUCE E. ANTON Texas State Bar No. 01274700 SORRELS, UDASHEN & ANTON 2311 Cedar Springs #250 Dallas, Texas 75201 (214) 468-8100 (214) 468-8104 (fax) ba@sualaw.com APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 3 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above entitled motion for extension of time was delivered to the Dallas County District Attorney’s Office and to the State Prosecuting Attorney on this 20th day of October, 2015. /s/ Bruce E. Anton BRUCE E. ANTON APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 4