PD-1169-15
PD-1169-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/8/2015 10:47:21 AM
Accepted 9/14/2015 10:18:12 AM
ABEL ACOSTA
No. __________________ CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
SITTING AT AUSTIN, TEXAS
ERRINGTON CHARLES HATCH, JR.
Appellant
V.
September 14, 2015
THE STATE OF TEXAS
Appellee
On Petition for Discretionary Review from the Fifth Court of Appeals
Sitting at Dallas, Texas
in Cause No.
05-13-01710-CR
On appeal from Criminal District Court Number 4
of Dallas County, Texas
In Cause No. F11-59284-T
MOTION FOR AN EXTENSION OF TIME
IN WHICH TO FILE
PETITION FOR DISCRETIONARY REVIE
COMES NOW Errington Charles Hatch, Jr., Appellant, and respectfully
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submits this Motion for an Extension of Time in Which to File Petition for
Discretionary Review in the above entitled and numbered cause. In support of this
Motion, Appellant would show this Honorable Court the following:
I.
Appellant was charged by indictment with aggravated robbery with a deadly
weapon. (CR: 12). On November 26, 2013, Appellant pled not guilty to the indictment
and was tried and convicted by a jury. (RR2: 118; RR3: 99). The trial court determined
punishment at a hearing on November 26, 2013. (RR4: 1-95). Following the
punishment hearing, the trial court sentenced Appellant to forty years’ imprisonment.
(RR5: 14; CR: 67). Appellant timely filed his notice of appeal on November 26, 2013.
(CR: 72).
II.
Appellant’s conviction was affirmed in the Court of Appeals on February 3,
2015 in an unpublished opinion. Hatch v. State, No. 05-13-01710-CR, 2015 Tex. App.
LEXIS 8358 (Tex. App. – Dallas, August 10, 2015).
III.
The deadline for filing a Petition for Discretionary Review is September 9,
2015. Appellant brings this motion for an extension of time within 15 days of the last
date for filing Petition for Discretionary Review, i.e., by filing this motion
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electronically on September 8, 2015. TEX. R. APP. P. 68.2 (c).
IV.
Appellant requests an extension of time for a period of thirty (30) days. No prior
request for an extension of time has been made.
V.
The facts relied upon to show good cause for this requested extension are as
follows:
(1) The undersigned attorney filed a motion for rehearing in cause number
05-14-00635-CR styled Anthony Bernard Johnson v. State of Texas on July
10, 2015 pending in the 5th District Court of Appeals, Dallas, Texas.
(2) The undersigned attorney filed a petition for discretionary review in cause
number PD-0760-15 styled Anthony Chamberlain v. State of Texas on July
30, 2015 pending in the Texas Court of Criminal Appeals, Austin, Texas.
(3) The undersigned attorney filed a brief in cause number 05-14-01609-CR
styled Ricardo Velazquez v. State of Texas on August 10, 2015 pending in the
5th District Court of Appeals, Dallas, Texas.
(4) The undersigned attorney filed a brief in cause number 05-14-00945-CR &
05-14-00946-CR styled Laderek Kinte Reynolds v. State of Texas on August 19,
2015 pending in the 5th District Court of Appeals, Dallas, Texas.
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(5) The undersigned attorney is preparing a brief in cause number 05-14-00186-
CR styled Charles Dewayne Hooks v. State of Texas pending in the 5th District
Court of Appeals, Dallas, Texas.
VI.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests
that this Honorable Court extend time for filing the Petition for Discretionary Review
for 30 days.
Respectfully submitted,
/s/ Nanette Hendrickson
Lynn Richardson Nanette Hendrickson
Chief Public Defender Assistant Public Defender
Dallas County, Texas State Bar No. 24081423
Frank Crowley Courts Building
133 N. Industrial Blvd., LB-2
Dallas, Texas 75207-4399
nanette.hendrickson
@dallascounty.org
(214) 653-3582 (phone)
(214) 653-3539 (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing brief was served on the Dallas
County Criminal District Attorney’s Office (Appellate Section), 133 N. Industrial
Blvd., LB-19, 10th Floor, Dallas, Texas, 75207, by hand delivery and electronic
service to Lori Ordiway at DCDAAppeals@dallascounty.org on September 8, 2015.
/s/ Nanette Hendrickson
Nanette Hendrickson
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