Bowyer, Joshua Ed ( 2015 )

PD-0412-15
PD-0412-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/13/2015 4:19:35 PM
Accepted 4/15/2015 5:06:34 PM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
JOSHUA ED BOWYER, §
APPELLANT §
v. § CCA NO. PD-____ 15
§ COA NO. 02-13-00315-CR
THE STATE OF TEXAS, §
APPELLEE §
FIRST MOTION FOR EXTENSION OF TIME FOR
FILING OF STATE’S PETITION FOR REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The State requests that the Court grant an extension of time for the
filing of the State’s petition for review in this case. TEX.R.APP.P. 10.5(b) &
68.2(c). The following allegations are made in support of this motion:
-I-
The court below is the Court of Appeals for the Second Court of
Appeals District of Texas. The style and number of the case in the court of
appeals is Joshua Ed Bowyer v. The State of Texas, cause number
02-13-00315-CR. On March 12, 2015, the Second Court of Appeals
reversed the trial court’s denial of Appellant’s motion to suppress in an
unpublished opinion authored by Justice Bill Meier. No motion for rehearing
was filed.
April 15, 2015
- II -
Charged with driving while intoxicated with a child passenger under
fifteen years of age, Appellant relied on the Supreme Court’s decision in
Missouri v. McNeely, ___ U.S. ___, 133 S. Ct. 1552 (2013) during a pretrial
suppression hearing. The trial court, Hon. Mollee Westfall, rejected
Appellant’s motion to suppress, and the Fort Worth Court of Appeals
reversed that decision. Bowyer v. State, ___ S.W.3d ___, 2015 WL
1120332 (Tex. App.—Fort Worth Mar. 12, 2015).
- III -
The appeal was perfected on June 21, 2013, the date notice of appeal
was filed.
- IV -
The current deadline for filing the State’s petition for discretionary
review is April 13, 2015. No extension has previously been granted
regarding the State’s petition.
-V-
The extension is not requested for purposes of delay but rather to
adequately brief the legal issues warranted by the decision of the court of
appeals.
- VI -
Counsel has had the following other obligations which have prevented
her from completing the State’s Petition for Discretionary Review. Counsel
filed her State’s appeal brief raising three issues in State v. Laura Ann Swan,
cause number 02-14-00416-CR. Also, counsel prepared and presented
oral argument in State v. Scott Ellery Crawford, Jr., cause number
02-14-00289-CR, a state’s appeal raising seven issues. Counsel also
reviewed a misdemeanor case out of County Criminal Court Number Seven
and decided to pursue a state’s appeal, filing notice of appeal this past
month, State v. Cameron William Varley, cause number 02-15-00076-CR.
Counsel has read the record and reviewed another case for a possible
state’s appeal, State v. Vicky Lynn Hebbe, out of the County Criminal Court
Number Eight, and has submitted her recommendation not to pursue that
appeal. Before this Court, counsel filed her State’s petition for discretionary
review in and Walter Chidyausiku v. State, cause numbers PD-0313-15 and
PD-0314-15. Also, counsel has devoting significant time preparing for a
hearing for held today in State v. Stewart Le Richardson, cause numbers
1162224, 1147512, and 1148118 in the 396th Judicial District Court, formerly
cause number 02-10-00058-CR. Counsel researched, drafted responses,
prepared for the hearing, conducted the hearing, and cross-examined the
Defendant on the Defendant’s Motion to Dismiss for Failure to Provide a
Speedy and Public Trial and the Defendant’s Motion to Set Reasonable Bail
in these causes. Additionally, counsel reviewed and edited a search
warrant in an intoxication-related case out of the Forest Hills Police
Department where an intoxicated driver injured EMS personnel; this case
will ultimately be prosecuted as State v. Frank Soto, currently identified as
ECFS#490453. Additionally, for the prior four weeks, counsel has
experienced on-going computer problems resulting in counsel’s recently
receiving a new computer. For all of these reasons, counsel requests an
additional thirty days in which to file the State’s petition.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays
that this Court grant this First Motion for Extension of Time for Filing the
State’s Petition for Discretionary Review and extend the time for filing of the
State’s document for thirty days to May 13, 2015.
Respectfully submitted,
SHAREN WILSON
Criminal District Attorney
Tarrant County, Texas
DEBRA WINDSOR, Assistant
Criminal District Attorney
Chief, Post-Conviction
/s/ TANYA S. DOHONEY
TANYA S. DOHONEY, Assistant
Criminal District Attorney
State Bar No. 02760900
Tim Curry Criminal Justice Center
401 W. Belknap
Fort Worth, Texas 76196-0201
(817) 884-1687
FAX (817) 884-1672
CCAappellatealerts@tarrantcountytx.gov
CERTIFICATE OF SERVICE
A true copy of the State’s motion has been e-served to opposing
counsel, Hon. Richard Henderson, richard@rahenderson.com &
yolanda@rahenderson.com, 100 Throckmorton St., Ste. 540, Fort Worth,
Texas 76102, and to the State Prosecuting Attorney, the Hon. Lisa McMinn,
information@spa.texas.gov, P.O. Box 13046, Austin, Texas 78711 this 13th
day of April, 2015.
/s/ TANYA S. DOHONEY
TANYA S. DOHONEY
H:\DOHONEY.D11\MOTIONS\02-13-00315-CR,_Bowyer,_Joshua,_St's_PDR_1X 041315.docx