14-14-00703-cr
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/1/2015 4:18:23 PM
Accepted 9/3/2015 10:58:03 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
OF THE STATE OF TEXAS
NO. _________
September 3, 2015
PATRICK DALE EARVIN
Appellant,
On Appeal from the
V. 177TH District Court of
Harris County, Texas;
Trial Cause Numbers 1357121 &
1357122
THE STATE OF TEXAS
PETITIONER'S MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
PATRICK EARVIN, Petitioner in the above cause number, would respectfully
request this Court to grant his motion to extend the time to file his petition for
discretionary review. In support of said motion, Mr. Earvin would show unto the
Court the following:
I.
This appeal lies from Mr. Earvin’s convictions in The State of Texas v. Patrick
Dale Earvin, Cause Numbers 1357121 and 1357122 in the 177th District Court of
Harris County, Texas. Mr. Earvin was indicted on October 31, 2012, in District
Court Cause Number 1357121, with indecency with a child and in District Court
cause Number 1357122 with sexual assault of a child under seventeen years of age.
Mr. Earvin filed a written Motion to Suppress on December 5, 2013 which, after a
hearing on December 9, 2014, was “granted in part” and “denied in part” by the trial
court. Mr. Earvin then pled guilty and on August 27, 2014, was sentenced pursuant
to agreement to sixteen (16) years in the Institutional Division of the Texas
Department of Criminal Justice on both counts to run concurrently. Mr. Earvin’s
convictions were affirmed on July 7, 2015, by the Fourteenth Court of Appeals in
Cause Nos. 14-14-00702-CR and 14-14-00703-CR. Mr. Earvin filed a Motion for
Rehearing and a Motion for En Banc Reconsideration on July 21, 2015 and both
were denied on August 27, 2015. Mr. Earvin’s Petition for Discretionary Review is
due September 28, 2015. This is Mr. Earvin’s first request for an extension to file the
petition for discretionary review.
II.
Mr. Earvin’s attorney of record, Daucie Schindler, is requesting an extension of
time in order to further evaluate the complex issues involved in the case.
Additionally, because Mr. Earvin is already in the custody of the Texas Department
of Criminal Justice, it is difficult to communicate and more time is required in order
to properly discuss with him the issues to be raised. An extension of time is
necessary so that the petition for discretionary review can be timely filed and
undersigned counsel can properly consult with Mr. Earvin. This motion is not made
for the purpose of delay.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Honorable Court will grant this requested extension of time to file the Appellant's
Petition for Discretionary Review in the above cause for thirty days and extend the
time for filing the petition until October 28, 2015.
Respectfully submitted,
Alexander Bunin
Chief Public Defender
/s/ Daucie Schindler
Daucie Schindler
State Bar No. 24013495
Assistant Public Defender, Harris County
1201 Franklin 13th Floor
Houston, Texas 77002
Daucie.Schindler@pdo.hctx.net
Tel: 713-368-0016
Fax: 713-368-9278
CERTIFICATE OF SERVICE
I do hereby certify that a copy of the foregoing instrument was this day
electronically served on counsel for the State and by mailing same to the following
parties on this the 1st day of September, 2015:
Mr. Alan Curry
Harris County District Attorney's Office
Appellate Division
State Prosecuting Attorney
P.O. Box 12405
Austin, Texas 78711
/s/ Daucie Schindler
Daucie Schindler