PD-1200-17
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/3/2017 12:49 AM
Accepted 11/7/2017 1:53 PM
PD._________________ DEANA WILLIAMSON
CLERK
IN THE COURT OF CRIMINAL APPEALS FILED
FOR THE COURT OF CRIMINAL APPEALS
11/7/2017
STATE OF TEXAS DEANA WILLIAMSON, CLERK
KELLY JAMES MCCARTY
V. Appeals No. 03-15-00640-CR
THE STATE OF TEXAS
MOTION FOR EXTENSION OF TIME TO FILE PETITION
FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, KELLY JAMES MCCARTY, pro se appellant, and
files this motion asking that the Court extend the time for filing the
Appellant’s petition for discretionary review, and in support thereof,
offers the following:
I.
a. This case is on appeal from the 33rd Judicial District Court of
Burnet County, Texas.
b. The style and number of the cases in the trial court are The
State of Texas v. Kelly James McCarty, Cause Number
30842.
c. The Appellant was convicted by the Court of the offense of
indecency with a child by contact.
d. Punishment was assessed at 10 years community supervision.
e. The style and number of the case in the Third Court of Appeals
is KELLY JAMES MCCARTY v. State of Texas, Appeal
Number 03-15-00640-CR.
f. The Third Court of Appeals affirmed Appellant’s conviction
and sentence in an unpublished opinion on October 6, 2017.
g. The present deadline for filing the Appellant’s Petition for
Discretionary Review is November 5, 2017.
h. The Appellant seeks an extension of time of 30 days,
suggesting a new due date of December 5, 2017.
i. This is the Appellant’s first request for an extension of time to
file the Appellant’s petition for discretionary review.
II.
This extension is not sought for the purpose of delaying this
appeal, but for the following reasons:
1. Appellant is meeting with attorneys to determine whether he will
be able to hire counsel to pursue a Petition for Discretionary
Review on his behalf or will file a petition pro se. In either event,
additional time will be needed to properly research and prepare
the petition.
III.
A criminal appellant, just like a criminal defendant at trial, is
entitled to the adequate and effective assistance of counsel. Evitts v.
Lucey, 469 U.S. 387, 396 (1985); Ward v. State, 740 S.W. 2d 794
(Tex.Crim.App. 1987). In order to be able to accurately identify and
effectively brief all the potential issues presented in this case, Appellant
or any counsel he hires needs additional time to review the record and
conduct the necessary research to adequately prepare Appellant’s
Petition for Discretionary Review. This request is made pursuant to
Tex. R. App. P. 68.2 (c).
IV.
Therefore, for the above reasons, Appellant prays that the Court
grant an extension of time to December 5, 2017, for filing of the
Appellant’s Petition for Discretionary Review.
Respectfully Submitted
/s/
Kelly James McCarty
Pro Se Appellant
4519 Oak Wind St.
San Antonio, Texas 78217
(210) 275-1875
Kjmcc09@gmail.com
CERTIFICATE OF SERVICE
I, Kelly James McCarty, pro se appellant, certify that a true and correct
copy of the foregoing brief was emailed to Gary W. Bunyard, Assistant
District Attorney for Burnet County and attorney for appellee before the Third
Court of Appeals in cause number 03-15-00640, via efile.
__/s/_Kelly James McCarty______
Kelly James McCarty
Pro Se Appellant