Barrow, Belinda ( 2015 )

PD-0970-15 PD-0970-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/27/2015 3:41:45 PM Accepted 7/29/2015 10:35:48 AM ABEL ACOSTA NO. ________________________________ CLERK COURT OF APPEALS CAUSE NO.: 02-13-00187-CR _________ TO THE COURT OF CRIMINAL APPEALS OF TEXAS _________ BELINDA BARROW, Petitioner vs. THE STATE OF TEXAS, Respondent _________ PETITIONER’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW of the Decision of the Court of Appeals for the Second District of Texas, in Fort Worth, Texas _________ DON DAVIDSON Attorney-at-Law 803 Forest Ridge Drive, Suite 203 Bedford, Texas 76022-7258 (817) 355-1285 July 29, 2015 FAX: (817) 355-1285 Cell.: (817) 343-8042 Email: donatty@flash.net Texas Bar No. 05430840 ATTORNEY FOR PETITIONER BELINDA BARROW ______________________________________________________ Comes now Petitioner BELINDA BARROW (hereafter, “BARROW” or “Petitioner”) in the above-entitled cause, by and through her counsel, and files this PETITIONER'S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW, and would show the Court the following: I. Petitioner was convicted in a jury trial of aggravated robbery and sentenced to twenty years in prison. In her appellate brief, Petitioner presented two issues challenging her conviction. The Second Court of Appeals issued its opinion in this case on July 16, 2015, affirming the conviction but deleting the deadly weapon finding. II. Petitioner’s Petition for Discretionary Review (PDR) is due within thirty days after the date of the Court of Appeals’ opinion, per Rule 68.2(a) of the Rules of Appellate Procedure. Since the thirtieth day, August 15th, falls on a Saturday, Petitioner’s PDR is due on or before Monday, August 17, 2015. Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 2 III. Petitioner’s counsel was on vacation from July 14, 2015 until July 26, 2015, and thus was on vacation when the Court issued its opinion in this case. While on vacation, Petitioner’s counsel had only limited access to research resources and case materials, and therefore has not been able to evaluate the merits of a PDR, or indeed the need for same, much less prepare and file a PDR if needed. Furthermore, if Petitioner’s counsel should deem a PDR to be inappropriate in this case, Petitioner would have the option of filing a pro se PDR, but would have little or no time to do so if an extension is not granted. IV. Since Counsel was on vacation, he has also not yet had an opportunity to send Petitioner a copy of the Court of Appeal’s opinion or notify her of her right to submit a pro se PDR, should Counsel deem it inappropriate to do so on her behalf. (Counsel is appointed in this case.) Counsel anticipates so notifying Petitioner today or tomorrow. V. During this week, Petitioner’s counsel is involved in plea negotiations and trial preparations in a federal criminal trial which is Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 3 currently scheduled to begin on August 24, 2015, and has a federal criminal law continuing legal education course in Dallas on Thursday, July 30th, and Friday, July 31st. This is in addition to Counsel’s other clients, which include four other appeals from state felony convictions, one other federal criminal case, and three family law cases. VI. Petitioner therefore requests a thirty-day extension of the due date for Petitioner’s PDR, to Wednesday, September 16, 2015, to provide Counsel with adequate time to fully evaluate the need for a PDR in this case and, if necessary, to prepare and file said PDR, or alternatively, to allow Petitioner sufficient time to prepare and file a pro se PDR in this case. VII. No previous extensions for Petitioner’s PDR have been requested or granted in this case. VII. BARROW is incarcerated. Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 4 VIII. Denial of this motion would deny BARROW her rights to a meaningful appeal and to effective assistance of counsel in prosecuting her appeal. Respectfully submitted, /s/ Don Davidson DON DAVIDSON Attorney for Petitioner CERTIFICATE OF CONFERENCE On the 27th day of July, 2015, I contacted Mr. John E. Meskunas, Assistant Criminal District Attorney, Tarrant County, Counsel for the State, who stated that the State does not oppose this motion. /s/ Don Davidson DON DAVIDSON Attorney for Petitioner Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 5 CERTIFICATE OF SERVICE As Attorney for the Petitioner, BELINDA BARROW, I certify that a true and correct copy of the foregoing motion was provided to the Court of Appeals and to the counsel listed below, by mailing copies to the addresses indicated below, this 27th day of July, 2015. Court of Appeals Second District of Texas Tim Curry Criminal Justice Center 401 W. Belknap, Suite 9000 Fort Worth, TX 76196-0211 Tarrant County District Attorney's Office ATTN: Mr. John E. Meskunas Asst. Criminal District Attorney Appellate Division Tim Curry Criminal Justice Center 401 West Belknap Fort Worth, TX 76196-0201 State Prosecuting Attorney P.O. Box 13046 Austin, TX 78711 /s/ Don Davidson DON DAVIDSON Attorney for Petitioner Unopposed First Motion for Extension of Time to File Petitioner’s Petition for Discretionary Review – Page 6