PD-0542-15
PD-0542-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/6/2015 3:07:00 PM
May 8, 2015 Accepted 5/8/2015 10:11:30 AM
ABEL ACOSTA
NO. _________________ CLERK
TO THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
LEAVELLE FRANKLIN, PETITIONER
VS.
THE STATE OF TEXAS, RESPONDENT
PETITIONER’S MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Pursuant to Texas Rules of Appellate Procedure 68.2(c) and 10.5(b), COMES
NOW the Petitioner, LEAVELLE FRANKLIN, by and through counsel of record,
Jason Horton, and files this Motion for Extension of Time to File Petition for
Discretionary Review.
I.
Petitioner intends to seek discretionary review from the Texas Sixth Court of
Appeals’ March 10, 2015, decision in Leavelle Franklin v. State of Texas, No. 06-14-
00047-CR. Petitioner filed a motion for rehearing that was overruled on April 7,
2015.
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 1 of 8
II.
Petitioner’s Petition for Discretionary Review is due on May 7, 2015.
III.
Petitioner has neither sought nor obtained any prior extensions in this case.
IV.
Petitioner requests additional time to (1) review the record for all possible
grounds for review, and (2) prepare Petitioner’s Petition for Discretionary Review.
Petitioner’s counsel’s trial and appellate caseload and schedule have prevented said
attorney from being able to devote the necessary time to complete and file Petitioner’s
Petition. Said caseload and schedule includes, but is not limited to, the following
since the Texas Sixth Court of Appeals issued its decision overruling Petitioner’s
Motion for Rehearing:
■ Preparation for and attendance at status hearing in State of Arkansas v.
Joshua Mooney, pending in the Circuit Court of Miller County, Arkansas, on April 7,
2015;
■ Preparation for and attendance at bond returnable hearing in State of
Arkansas v. Heath Vinyard, pending in the Circuit Court of Miller County, Arkansas,
on April 7, 2015;
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 2 of 8
■ Preparation for and attendance at change of plea hearing and pre-sentence
interview in United States v. Patrick James, pending in the United States District
Court for the Eastern District of Texas, on April 7, 2015;
■ Preparation for and attendance at client consult at client’s home in
Smackover, Arkansas, in United States v. Clarisse Carey, pending in the United States
District Court for the Western District of Arkansas, on April 9, 2015;
■ Preparation for and attendance at polygraph examination in Dallas, Texas
relating to State of Texas v. James Vowell, pending in the 102nd District Court of
Bowie County, Texas, on April 10, 2015;
■ Preparation for and attendance at client consult at the Titus County Jail in
Mt. Pleasant, Texas, in United States v. Raul Saucedo, pending in the United States
District Court for the Eastern District of Texas, on April 13, 2015;
■ Preparation for and attendance at pretrial hearing in State of Arkansas v.
Christopher Adam Phillips, pending in the Circuit Court of Miller County, Arkansas,
on April 14, 2015;
■ Preparation for and attendance at arraignment in State of Arkansas v. Jeffrey
David Shelton, pending in the Circuit Court of Howard County, Arkansas, on April
15, 2015;
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 3 of 8
■ Preparation for and attendance at pretrial hearing in State of Arkansas v.
Adam Kidd, pending in the Circuit Court of Hempstead County, Arkansas, on April
16, 2015;
■ Preparation for and attendance at bond reduction hearing in State of Arkansas
v. Juan Perez, pending in the Circuit Court of Miller County, Arkansas, on April 16,
2015;
■ Preparation for and attendance at trial in State of Arkansas v. William Hames,
pending in the District Court of Miller County, Arkansas, on April 20, 2015;
■ Preparation for and attendance at bond returnable hearing in State of
Arkansas v. Jared Harper, pending in the Circuit Court of Miller County, Arkansas,
on April 21, 2015;
■ Preparation for and attendance criminal status docket in the Circuit Court of
Miller County, Arkansas, on April 21, 2015 (full day);
■ Petitioner’s Counsel was out of the county from April 22-27, 2015;
■ Preparation for and attendance at pre-indictment hearing in State of Texas v.
Demarcus James, pending in the 202nd District Court of Bowie County, Arkansas, on
April 29, 2015;
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 4 of 8
■ Preparation for and attendance at sentencing hearing in State of Arkansas v.
Adam Kidd, pending in the Circuit Court of Hempstead County, Arkansas, on April
30, 2015;
■ Preparation for and attendance at sentencing hearing in United States v.
Dimetrice Daniels, pending in the United States District Court for the Eastern District
of Texas, on April 30, 2015;
■ Preparation for and attendance at arraignment in United States v. Jose Rojas-
Sanchez, pending in the United States District Court for the Western District of
Arkansas, on May 4, 2015;
■ Preparation for and attendance at pre-indictment hearing in State of Texas v.
Lisa Phillips, pending in the 5th District Court of Bowie County, Texas, on May 4,
2015;
■ Preparation for and attendance at pre-indictment hearing in State of Texas v.
Levi Hughes, pending in the 5th District Court of Bowie County, Texas, on May 4,
2015;
■ Preparation for and attendance at status hearing in State of Texas v. Stacey
Huddleston, pending in the 5th District Court of Bowie County, Texas, on May 4,
2015;
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 5 of 8
■ Preparation for and attendance at criminal pretrial docket in the Circuit Court
of Miller County, Arkansas, on May 5, 2015 (full day);
■ Preparation for and attendance at plea and sentencing in State of Arkansas v.
Joshua Parks, pending in the Circuit Court of Miller County, Arkansas, on May 5,
2015;
■ Preparation for and attendance at juvenile criminal docket in the Circuit
Court of Miller County, Arkansas – Juvenile Division, on May 6, 2015;
■ Preparation for and attendance at State Bar of of Texas Grievance Committee
panel hearing on May 6, 2015; and
■ Preparation for and attendance at hearing in D.E. Adams, et al. vs. Union
Pacific Corporation, et al, pending in the Circuit Court of Miller County, Arkansas,
on May 7, 2015.
VI.
This motion is made in good faith and not for purposes of delay.
VII.
Without additional time, Petitioner will be denied effective assistance of
counsel, to which he is entitled.
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 6 of 8
WHEREFORE, LEAVELLE FRANKLIN requests that the deadline for the
filing of his Petition be extended sixty (60) days, and for any such other relief to
which he may be entitled.
Respectfully submitted,
JASON HORTON LAW FIRM
114 West Broad Street
Texarkana, Texas 75501
Mail to:
P.O. Box 1596
Texarkana, Texas 75504
T- (903) 792-2000
F- (903) 792-2100
www.jasonhortonlaw.com
BY: /s/ Jason Horton
Jason Horton
jason@jasonhortonlaw.com
Texas Bar Number 24041130
ATTORNEY FOR APPELLANT
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 7 of 8
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing has been
forwarded to the following listed persons this 6th day of May, 2015:
Mr. Jerry Rochelle
Bowie County District Attorney
Bowie County Plaza
601 Main Street
Texarkana, Texas 75501
State Prosecuting Attorney
P.O. box 13046
Austin, Texas 78711
/s/ Jason Horton
Jason Horton
Leavelle Franklin vs. The State of Texas
Motion for Extension of Time to File Petition for Discretionary Review
Page 8 of 8
Franklin, Leavelle
Combined Opinion