Burton, Aaron Charles ( 2015 )

PD-0487-15 & PD-0488-15
PD-0487&0488-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/1/2015 10:58:32 AM
COURT OF CRIMfNAIJ APPEALS NO. PD Accepted 5/1/2015 1:19:35 PM
COURT OF CRIMINAIT APPEAL,S NO. PD ABEL ACOSTA
CLERK
COURT OF APPEAI,S CASE NO. 01 L4 - 00513 CR
COURT OF APPEALS CASE NO. 01 L4 00514 CR
AARON CHARLES BURTON, t rN THE TEXAS COURT OF
APPEIJI,ANT IJ CRTMINAIJ APPEALS, AT
v. ll AUSTTN, TEXAS
THE STATE OF TEXAS , t May 1, 2015
APPEIJIJEE II
COUNSEL T S MOTION FOR AN EXTENSION OF TIME
TO 5 - 18 - 2 015 TO ALLOW APPELLANT TO FIIJE HIS OWN
PRO SE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABIJE TEXAS COURT OF CRTMINAI. APPEAI,S:
Now comes court appointed attorney, TONY ANINAOT drld
pursuant to the provisions of Rule 9.3 (b) of the Texas Rules
of Appel-late Procedure, and f iles this Motion f or an
Extension of Time to to ALLOW THE APPEIJLANT TO FfLE PRO SE OR
TO ALL,OW APPELLANT TO HIRE ANOTHER ATTORNEY TO FILE a
petition for discretionary review in the foregoing causes and
wouLd show the Court the following:
1) The foregoing causes were styled below as THE STATE
OF TEXAS V. AARON CHARITES BURTON and originated as trial
court Cause No. l-330898 (Evading Arrest, 01- 14 - 00513 ) , and
Cause No. 1-33099 (PCS, Ot-L4-00514) in the 35Lst District
Court of Harris County, Texas;
2) On June 5, 201,4 the Appellant was ifURY convicted of
the above offense on pleas of NOT GUILTY, and was judge
sentenced on June 6 , IOL Eo two concurrent terms of 3 0 years
(thirty) in the Institutional Division of the Texas
-
Depart,ment of Criminal- ..fust ic" , no f ine , flo f ine , having
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found two enhancement paragraphs in each indictment to be
true;
3) On ,June 5, 20]-4 the AppeLlant perfected timelY
written notice of appeal;
4) The First Court of Appeals AFFIRMED the AppeLl-ant's
convictions and sentences in an unpublished opinion dated
April g, 20L5, and no Motion for Rehearing was filed;
Appellant was advised in writing of his right to file pro se
a petition for discretionary review , or to hire his own
attorney to do so,'
5) The present deadline for filing the Appellant's
Petition for Discretionary Review is Friday, MAY 8, 20L5t
5) Due to Appellant r s indigency status, lack of
schooling and from this court I s observation that even some
Iawyers cannot get a P.D.R. right r a GENEROUS extension of
time to allow Appellant to file PRO SE his own P.D.R. OR TO
HIRE ANOTHER ATTORNEY TO DO SO, iS bEiNg TEqUESTEd IO TUNE
L8, 2OL5 r ot to such other date the court allows;
7) NO prior extension for the item in question has
been request.ed, and none have been granLed;
Said extension is requested in order to al1ow Appellant
his fulL right to fil-e his own pro se P.D.R., or to hire
another attorney of his own choosing to do so.
WHEREFORE, PREIIISES CONSIDERED, counsel prays that this
Mot ion in al I things be granted , and that an extens ion and all
order extending the time to file the PetiLion for
Discretionary Review in the t,wo causes herein to iruNE 18,
2015 in this cause, OR TO SUCH OTHER DATE THE COURT ALLOWS,
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with notice and a copy of any order sent to Appellant at:
AARON CHARLES BURTON
T.D.C. # 01935407
T. D. C. ,J. I . D. HOLLIDAY TRANSFER UNIT
295 IH 45 NORTH
HUNTSVILLE, TX 77320 8443
RESPECTFUI,LY SUBMITTED,
do, Attorney
100L Texas, Suite 1400
Houston, Texas 77002
Texas Bar No . 0L264 5 0 0
(Voicemail & paging) :
7L3-203-9903
(E-mail) taninao@hotmail . com
CERTITICATE OF SERVTCE
I , Tony Aninao, do hereby cert tfy that a true and
correct copy of the foregoing instrument has been delivered
to opposing counsel via el-ectronic service AND AL,SO by
placing a copy of same in the box reserved for the District
Attorney of Harris County, Texas, located at the office of
the Cl-erk of the Court of Appeal s , 20L Fannin, Houston, TX
77 oo2 day of ,' L, | ) , 2oLs .
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