PD-0970-15
PD-0970-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/27/2015 3:41:45 PM
Accepted 7/29/2015 10:35:48 AM
ABEL ACOSTA
NO. ________________________________ CLERK
COURT OF APPEALS CAUSE NO.: 02-13-00187-CR
_________
TO THE
COURT OF CRIMINAL APPEALS OF TEXAS
_________
BELINDA BARROW,
Petitioner
vs.
THE STATE OF TEXAS,
Respondent
_________
PETITIONER’S UNOPPOSED FIRST MOTION FOR
EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
of the Decision of the Court of Appeals
for the Second District of Texas,
in Fort Worth, Texas
_________
DON DAVIDSON
Attorney-at-Law
803 Forest Ridge Drive, Suite 203
Bedford, Texas 76022-7258
(817) 355-1285
July 29, 2015
FAX: (817) 355-1285
Cell.: (817) 343-8042
Email: donatty@flash.net
Texas Bar No. 05430840
ATTORNEY FOR PETITIONER
BELINDA BARROW
______________________________________________________
Comes now Petitioner BELINDA BARROW (hereafter, “BARROW”
or “Petitioner”) in the above-entitled cause, by and through her counsel,
and files this PETITIONER'S UNOPPOSED FIRST MOTION FOR
EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY
REVIEW, and would show the Court the following:
I.
Petitioner was convicted in a jury trial of aggravated robbery and
sentenced to twenty years in prison. In her appellate brief, Petitioner
presented two issues challenging her conviction. The Second Court of
Appeals issued its opinion in this case on July 16, 2015, affirming the
conviction but deleting the deadly weapon finding.
II.
Petitioner’s Petition for Discretionary Review (PDR) is due within
thirty days after the date of the Court of Appeals’ opinion, per Rule
68.2(a) of the Rules of Appellate Procedure. Since the thirtieth day,
August 15th, falls on a Saturday, Petitioner’s PDR is due on or before
Monday, August 17, 2015.
Unopposed First Motion for Extension of Time
to File Petitioner’s Petition for Discretionary Review – Page 2
III.
Petitioner’s counsel was on vacation from July 14, 2015 until July
26, 2015, and thus was on vacation when the Court issued its opinion in
this case. While on vacation, Petitioner’s counsel had only limited access
to research resources and case materials, and therefore has not been
able to evaluate the merits of a PDR, or indeed the need for same, much
less prepare and file a PDR if needed. Furthermore, if Petitioner’s
counsel should deem a PDR to be inappropriate in this case, Petitioner
would have the option of filing a pro se PDR, but would have little or no
time to do so if an extension is not granted.
IV.
Since Counsel was on vacation, he has also not yet had an
opportunity to send Petitioner a copy of the Court of Appeal’s opinion or
notify her of her right to submit a pro se PDR, should Counsel deem it
inappropriate to do so on her behalf. (Counsel is appointed in this case.)
Counsel anticipates so notifying Petitioner today or tomorrow.
V.
During this week, Petitioner’s counsel is involved in plea
negotiations and trial preparations in a federal criminal trial which is
Unopposed First Motion for Extension of Time
to File Petitioner’s Petition for Discretionary Review – Page 3
currently scheduled to begin on August 24, 2015, and has a federal
criminal law continuing legal education course in Dallas on Thursday,
July 30th, and Friday, July 31st. This is in addition to Counsel’s other
clients, which include four other appeals from state felony convictions,
one other federal criminal case, and three family law cases.
VI.
Petitioner therefore requests a thirty-day extension of the due
date for Petitioner’s PDR, to Wednesday, September 16, 2015, to
provide Counsel with adequate time to fully evaluate the need for a
PDR in this case and, if necessary, to prepare and file said PDR, or
alternatively, to allow Petitioner sufficient time to prepare and file a
pro se PDR in this case.
VII.
No previous extensions for Petitioner’s PDR have been requested or
granted in this case.
VII.
BARROW is incarcerated.
Unopposed First Motion for Extension of Time
to File Petitioner’s Petition for Discretionary Review – Page 4
VIII.
Denial of this motion would deny BARROW her rights to a
meaningful appeal and to effective assistance of counsel in prosecuting
her appeal.
Respectfully submitted,
/s/ Don Davidson
DON DAVIDSON
Attorney for Petitioner
CERTIFICATE OF CONFERENCE
On the 27th day of July, 2015, I contacted Mr. John E. Meskunas,
Assistant Criminal District Attorney, Tarrant County, Counsel for the
State, who stated that the State does not oppose this motion.
/s/ Don Davidson
DON DAVIDSON
Attorney for Petitioner
Unopposed First Motion for Extension of Time
to File Petitioner’s Petition for Discretionary Review – Page 5
CERTIFICATE OF SERVICE
As Attorney for the Petitioner, BELINDA BARROW, I certify that
a true and correct copy of the foregoing motion was provided to the
Court of Appeals and to the counsel listed below, by mailing copies to
the addresses indicated below, this 27th day of July, 2015.
Court of Appeals
Second District of Texas
Tim Curry Criminal Justice Center
401 W. Belknap, Suite 9000
Fort Worth, TX 76196-0211
Tarrant County District Attorney's Office
ATTN: Mr. John E. Meskunas
Asst. Criminal District Attorney
Appellate Division
Tim Curry Criminal Justice Center
401 West Belknap
Fort Worth, TX 76196-0201
State Prosecuting Attorney
P.O. Box 13046
Austin, TX 78711
/s/ Don Davidson
DON DAVIDSON
Attorney for Petitioner
Unopposed First Motion for Extension of Time
to File Petitioner’s Petition for Discretionary Review – Page 6