PD-1214-15 Texas Court of Criminal Appeals Austin Texas n u " - APPEALS up m » NATHAN BURGESS, Abei/toosta.Ctert' Appellant, v. Case No. 05-14-00216-CR State of Texas, et al, Appellee. FILED IN COURT OF CRIMINAL APPEALS MOTION TO EXTEND TIME TO FILE APPEAL SEP 18 2015 I. INTRODUCTION Abel Acosta, Cierk TO THE HONORABLE JUDGE SAID COURT: COMES NOW Appellant, Nathan Burgess, pursuant to TEXAS RULES OF CRIMINAL PROCEDURE 10:5 (b) and hereby respectfully moves this Honorable Court to make an order to Extend Time to File his appeal to this court. Appellant received his notice of judgment from the Dallas COA on August 4th, 2015 giving him 30 days to file his appeal or Extension which should have been September 3rd, 2015, but Appellant miscalculated his deadline to file. Appellant called the courts clerk and was told a grace period is allowed for a showing of good cause. Appellant would like the court to know that he is pro se at this point without counsel and asks the patience of the court for his lack of knowledge with corresponding with the court. Appellant is attaching a copy of the Judgment form theCOA in Dallas in an effort to provide all documentation as required in his request for an extension for the court. For the foregoing reasons, Plaintiff respectfully request that this Court exercise its inherent authority and grant an extension of time to file his appeal to this court in his Illegal Dumping Case referenced in this and attached documentation. Respectfully submitted, Nathan Burgess 4101 S Custer Road, Apt 3313 McKinney, TX 75070 Phone:(972)971-8361 Fax:(972) 232-2356 Email: pilotschoice@hotmail.com Plaintiffs [MOTION] Page 2 CERTIFICATE OF SERVICE I hereby certify that on 9/04/15 APPELLANT has mailed a copy of this Motion to Texas Court of Criminal Appeals, PO Box 12308 Austin, Texas, 78711 and then delivered a copy to the District Attorneys Office of Collin County Texas by email to Mr. Rolator, Collin County Prosecutor. Nathan Burgess 4101 S Custer Road, Apt 3313 McKinney, TX 75070 Phone:(972)971-8361 Fax: (972) 232-2356 Email: pilotschoice@hotmail.com Plaintiffs [MOTION] Page 4 Texas Court of Criminal Appeals Austin Texas NATHAN BURGESS, § § APPELLANT, § § vs. § Case No. 05-14-00216-CR G.M.COX,efa/., § § APPELLEE. § MOTION TO EXTEND TIME TO FILE APPEAL The Court has considered Plaintiffs MOTION TO EXTEND TIME TO FILE APPEAL and finding that good cause exists, the Motion is GRANTED. IT IS SO ORDERED DATED JUDGE Plaintiffs [MOTION] Page 3 Law Office of William L. Schultz 2101 Brugge Court Piano, Texas 75025 (972)517-1020 August 6, 2015 Mr. Nathan Burgess 4101 S.Custer Road, #3313 McKinney, TX 75070 Dear Mr. Burgess: The opinion of the Court of Appeals arrived. It was not good news. The Court of Appeals upheld (Affirmed) your conviction. I am sorry it came out the way it did, but only a very small percentage of appeals are successful. Tlie trial judge is very skilled and shemade sure she gave you a fair trial and that means it was nearly error free. You have the rightto file apro se Petition for Discretionary Reviewwith the Court of Criminal Appeals in Austin, Texas. I don't see anything sobad about your trial that they would be likely to agree to or even review the case, but it is your right if you wish to do it. I have enclosed a copy of the applicable portion of the Texas Rules of Appellate Procedure relating to howyou file a PDR. The Court of Criminal Appeals will, in my judgment, be very tolerant of your efforts because they know you are not a lawyer. Pay particular attention to tlie time limits. You have 30 days to file the Petition from the date of the opinion, which 1also enclose. The opinion was August 4,2015 so your filing deadline is September 3, 2015. I wouldassume September 2, 2015 is your due date to giveyou a day to play with. The address for the Court of Criminal Appeals is Texas Court of Criminal Appeals P.O. Box 12308 Austin. Texas 78711. Sincerelfy, William L. Schultz FILE COPY Chief Justice LisaMatz Carolyn Bright Clerk of the Court (214)712-3450 Justices theclerk@5th.txcourts.gov David L. Bridges Molly Francis Gayle Humpa Douglas S. Lang Business Administrator Elizabeth Lang-Miers (214) 712-3434 Robert M. Fillmore gayle.humpa@5th.txcourts.gov Lana Myers Court of Appeals David Evans Facsimile David Lewis jfiftl) ©tstrtct of toa* at ©alias (214)745-1083 Ada Brown 600 Commerce Street, Suite 200 Craig Stoddart Internet Bill Whitehill Dallas, Texas 75202 WWW.TXCOtreTS.GOV/5THCOA.ASPX David J. Schenck (214)712-3400 August 04,2015 William L. Schultz Rachel Tran Attorney At Law Collin County District Attorney's Office 2101 Brugge Court Asst. Criminal District Attorjiey Piano, TX 75025 2100 Bloomdale Rd., Ste. 200 * DELIVERED VIA E-MAIL * McKinney, TX 75071 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 05-14-00216-CR Trial Court Case Number: 001-86625-2012 Style: Nathan Earl Burgess v. State of Texas Please find attached the opinion that issued in the above cause today. Respectfully, /s/ Lisa Matz, Clerk of the Court cc: The Honorable Corinne A. Mason (DELIVERED VIA E-MAIL) Stacey Kemp (DELIVERED VIA E-MAIL) The Honorable Mary L. Murphy (DELIVERED VIA E-MAIL) Greg Willis (DELIVERED VIA E-MAIL) Court of Appeals JRtftlj ©tfltrfct of Qtexas at ©alias JUDGMENT NATHAN EARL BURGESS, Appellant On Appeal from the County Court at Law No. 1, Collin County, Texas No. 05-14-00216-CR V. Trial Court Cause No. 001-86625-2012. Opinion delivered by Justice Brown. Justices STATE OF TEXAS, Appellee Bridges and Fillmore participating. Based onthe Court's opinion of this date, thejudgment of the trial court is AFFIRMED. Judgment entered this 4th day of August, 2015. -9-