PD-1030-15
PD-1030-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/10/2015 11:03:59 AM
Accepted 8/11/2015 3:23:59 PM
ABEL ACOSTA
PDR No. ____________________ CLERK
Court of Appeals No. 03-13-00689-CR
PRESTON SHARPNACK § IN THE TEXAS COURT OF
§
v. § CRIMINAL APPEALS
§
STATE OF TEXAS § AT AUSTIN, TEXAS
PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes PRESON SHARPNACK, Petitioner in the above styled and
numbered cause, and moves this Court for a 60-day extension to file his Petition for
Discretionary Review, and would show as follows:
1. Petitioner has been convicted for the offense Aggravated Assault with
a Deadly Weapon and has been assessed sentence of 10 years.
2. The Third District Court of Appeals issued an unpublished decision in
this case on July 9, 2015. Preston Sharpnack v. State of Texas, 03-13-00689
(Tex.App.- Austin, July 23, 2015). The PDR in this case is due on or before August
10, 2015.
3. The undersigned counsel has been unable to prepare a Petition for
Discretionary Review due to the following trial and post-conviction matters:
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August 11, 2015
a. State of Texas v. Juan Trevino – counsel had to prepare and try a
felony jury trial in the 421st District Court of Caldwell County,
Texas on July 20 thru 24, 2015;
b. Randy Halprin v. William Stephens – counsel has been preparing
a Reply brief in a post-conviction capital habeas case under 28
U.S.C. § 2254 which is due in the U.S. District Court for the
Northern District of Texas, at Dallas on August 21, 2014. The
Halprin case involves complex facts and several complex legal
issues.
c. Juan Segundo v. William Stephens – counsel has been preparing
and filing several post-conviction motions in a capital habeas case
under 28 U.S.C. § 2254 which have been filed in U.S. District
Court for the Northern District of Texas, at Fort Worth
throughout the remainder of July and August.
In addition to the foregoing, counsel has the following matters in the month of
August through early September which prevent his completion of the PDR;
a. Out-of-State training in the 20th Annual National Federal Habeas
Corpus Seminar, being held in Charlotte, North Carolina from
August 13th thru 16th;
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b. State of Texas v. Ersindo Perez – trial is set in the 421st District
Court of Caldwell County, Texas;
c. State v. Parrin Hayes – trial is set in the 299th District Court of
Travis County, Texas.
d. USA v. Rachel Hardy – brief on appeal is due in the 5th Circuit
Court of Appeals on September 14, 2015.
4. Accordingly, the undersigned counsel requests this Court extend the
current due date by 60 days, to October 9, 2015.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this
Court grant this Motion, and grant an additional 60 days to file a PDR in this case
Respectfully submitted,
Law Office of Alexander L. Calhoun
4301 W. William Cannon Dr., Ste. B-150, # 260
Austin, TX 78749
Tele: 512/ 420-8850
Fax: 512/ 233 - 5946
Cell: 512/ 731-3159
Email: alcalhoun@earthlink.net
BY:_/s/ Alexander L Calhoun
Alexander L. Calhoun
State Bar No.: 00787187
Attorney for Preston Sharpnack
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CERTIFICATE OF SERVICE
I hereby certify that on August 11, 2015, a copy of the above and foregoing
motion has been served by mail upon the Travis County District Attorney's Office, at the
following address:
Travis County District Attorney
P.O. Box. 1748
Austin, TX 78711
upon the State Prosecution Attorney by U.S. Mail at the following address:
State Prosecuting Attorney
P.O. Box 13046
Capitol Station
Austin, Texas 78711
/s/ Alexander L Calhoun
Alexander L. Calhoun
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