Ellison, Rickey ( 2015 )

PD-1157-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/3/2015 2:17:27 PM
SEPTEMBER 9, 2015 Accepted 9/9/2015 9:17:11 AM
ABEL ACOSTA
PDR No. ____________________ CLERK
Court of Appeals No. 11-12-00019-CR
RICKEY ELLISON § IN THE TEXAS COURT OF
§
v. § CRIMINAL APPEALS
§
THE STATE OF TEXAS § AT AUSTIN, TEXAS
PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE PRO SE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes RICKEY ELLISON, Petitioner in the above styled and
numbered cause, and moves this Court for a 90-day extension to file his Pro Se
Petition for Discretionary Review, and would show as follows:
1. Petitioner has been convicted of the felony offense of Murder and
assessed a sentence of life imprisonment in the 331 st District Court of Travis
County, Texas.
2. The Eleventh District Court of Appeals issued an published decision
in this case on August 13, 2015. Rickey Ellison v. State of Texas, 11-12-00019-
CR (Tex.App.- Eastland August 25, 2015). Petitioner did not file a motion for
Rehearing. The PDR in this case is due on or before September 14, 2015.
3. The undersigned counsel was appointed in the present case to
1
represent Petitioner on direct appeal, but will not be continuing his representation
in seeking a petition for discretionary review.
4. In order to pursue his options, Petitioner needs time to retain counsel,
or to obtain the record and other necessary documents in which to prepare a PDR
on a pro se basis. Accordingly, the undersigned counsel request on Petitioner’s
behalf a 90 day extension of time to file his Petition for Discretionary Review in
this case.
5. Petitioner’s personal information for the purposes of notices by this
Court is as follows:
Mr. Rickey Ellison
# 00333498
TDCJ Allred Unit
2101 FM 369 North
Iowa Park, TX 76367
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this
Court grant this Motion, and grant an additional 90 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
2
BY:_/s/ Alexander L Calhoun ___
Alexander L. Calhoun
State Bar No.: 00787187
Attorney for Rickey Ellison
CERTIFICATE OF SERVICE
I hereby certify that on September 4, 2015, a copy of the above and foregoing
motion has been served upon the Travis County District Attorney's Office, Blackwell-
Thurman Justice Complex, Austin, TX 78767 by email to opposing counsel at the
following address: scott.talliaferro@co.travis.tx.us and by United States Mail to the
State Prosecution Attorney by U.S. Mail at the following address:
P.O. Box 13046
Capitol Station
Austin, Texas 78711
by United States Mail.
/s/ Alexander L Calhoun
Alexander L. Calhoun
3