IN THE
TEXAS COURT OF CRIMINAL APPEALS
KEVIN DEAN DUNN,
Petitioner,
vs. No. PD-1012-15
THE STATE OF TEXAS,
Respondent
MOTION TO EXTEND TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW PAST DEADLINE
MAY IT PLEASE THE COURT: Comes now Petitioner Kevin Dunn, by and
through his counsel Dan Wyde, and by this motion, pursuant to Texas Rules of
Appellate Procedure Rule 68.2(c), seeks the Court’s leave to file his petitioner for
discretionary review out of time, in support of which, petitioner shows the
following:
1) Appellant Petitioner Kevin Dunn appealed his conviction for driving while
intoxicated the Second Court of Appeals of Texas, Fort Worth. The Fort Worth
Court of Appeals returned it’s decision affirming the trial court conviction on May
21, 2015. Petitioner filed a motion for en banc reconsideration, which was denied
by the Court of Appeals on July 16, 2015. Petitioner’s deadline to file a Petition
for Discretionary Review to the Court of Criminal Appeals was August 15, 2015.
September 1, 2015
2) On August 10, 2015, Petitioner filed his Petition for Discretionary Review
by efiling with the Court. On August 11, 2015, the Court rejected the petition and
returned it to Petitioner, due to the petition not conforming to the requirement of
the Texas Rules of Appellate Procedure, in that there was no identification of the
parties, with the deadline for filing extended until August 24, 2015.
3) On August 28, 2015, Petitioner refiled his amended Petition for
Discretionary review. The Texas Court of Criminal Appeals rejected the refiling
of the petition due to the elapsed deadline.
4) Petitioner has not yet sought a previous extension from the Court of
Criminal Appeals for the deadline of the filing of the Petition for Discretionary
Review, nor has the Court granted a previous deadline extension.
5) Petitioner respectfully requests the Court of Criminal Appeals to grant an
extension of the deadline for the filing of the Petition for Discretionary Review of
10 days from the date it receives this pleading, which should allow sufficient time
for the Court to review the attached Petition for Discretionary Review, return it to
petitioner in the event that it finds it to be defective, and for the petition to correct
any defects and return it to the Court.
WHEREFORE Petitioner hereby PRAYS that this Honorable Court GRANT
Petitioner’s Motion to Extend Time to File Petition for Discretionary Review, and
extend the deadline for the filing of the Petition to 10 days from the date the Court
receives this pleading.
Respectfully Submitted
/S/ Dan Wyde
_________________________
WYDE & ASSOCIATES, L.L.C.
Dan L. Wyde
SBN 22095500
10100 N. Central Expressway,
Suite 590
Dallas, Texas 75231
Tel 214-521-9100
Fax 214-521-9130
wydelaw@gmail.com
PETITIONER