Bedree, James Charles ( 2015 )

PD-0583-15
PD-0583-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/13/2015 4:27:24 PM
Accepted 5/15/2015 11:15:36 AM
IN THE ABEL ACOSTA
CLERK
COURT OF CRIMINAL APPEALS
OF TEXAS
IN AUSTIN, TEXAS
May 15, 2015 JAMES CHARLES BEDREE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
On Petition for Discretionary Review from the Seventh Court of Appeals at
Amarillo, Texas in Appeal No. 07-14-00009-CR
On appeal from the 181st Judicial District Court, Randall County, Texas
Trial No. 23,626-B
MOTION FOR EXTENSION OF TIME FOR APPELLANT TO FILE
PRO SE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now Comes the undersigned counsel who brings this motion on
behalf of Appellant James Charles Bedree in order to protect Appellant’s
right to and allow him sufficient time to file his Petition for Discretionary
Review pro se. The undersigned represented Appellant in the Seventh Court
of Appeals, and the undersigned advised Appellant in correspondence dated
April 3, 2015, and received by Appellant on April 6, 2015, that the
representation was terminated. Counsel now brings this motion requesting
for Appellant to be allowed an extension of 60 days to file his Petition for
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Discretionary Review. Counsel on behalf of Appellant would show this
Honorable Court the following:
I.
Appellant was found guilty of indecency with a child by contact, a
second-degree felony, and he was subsequently sentenced to confinement
for 20 years in the Institutional Division of the Texas Department of
Criminal Justice and to pay a fine of $10,000. (CR: 118, 124, 135; RR6: 60-
61; RR7: 148). TEX. PENAL CODE §§ 12.33, 21.11(a)(1), 21.11(c), 21.11(d).
Appellant was sentenced and judgment was entered on January 13, 2014.
(CR: 124, 135; RR7: 148).
II.
The Court of Appeals for the Seventh District of Texas at Amarillo
affirmed the conviction on March 31, 2015. James Charles Bedree v. State,
Appeal No. 07-14-00009-CR, 2015 Tex. App. LEXIS 3187 (Tex. App. —
Amarillo Mar. 31, 2015).
III.
The date for filing Appellant’s Petition for Discretionary Review was
April 30, 2015. TEX. R. APP. P. 68.2(a).
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IV.
The date for requesting an extension of time to file the Petition for
Discretionary Review is May 15, 2015. TEX. R. APP. P. 68.2(c). This
motion is accordingly brought on May 13, 2015.
V.
The facts relied upon to show good cause for this requested extension
are as follows: retained counsel terminated the representation shortly after
the decision of the Court of Appeals, and Appellant is not entitled to
appointed counsel on a petition for discretionary review, Ex parte Wilson,
956 S.W.2d 25, 26 (Tex.Crim.App. 1997), and further, there are indications
to the undersigned counsel that Appellant desires to pursue a petition for
discretionary review pro se, even though evidently no extension has been
received by this Court.
VI.
Appellant is located as of May 13, 2015, according to the website of
the Texas Department of Criminal Justice, as follows:
James Charles Bedree
01909653
Tulia Transfer Facility
4000 Highway 86 West
Tulia, TX 79088
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel
on behalf of Appellant respectfully requests that this Honorable Court
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extend the time for filing the Petition for Discretionary Review for 60 days,
from April 30, 2015 to June 29, 2015, and notify Appellant at the address
shown in Part VI of this motion of this Court’s ruling.
Respectfully submitted,
/s/ Christian T. Souza
Christian T. Souza
SBN: 00785414
4303 N. Central Expressway
Dallas, Texas 75205
Tel. (214) 862-7462
Fax (214) 696-0867
(Not Seeking to Appear of
Record)
CERTIFICATE OF SERVICE
This is to certify that the foregoing Motion For Extension Of Time
For Appellant To File Pro Se Petition For Discretionary Review has been
sent by electronic mail to Warren Clark, Assistant District Attorney, Office
of the Randall County District Attorney, who represented the State in the
Seventh Court of Appeals, at the e-mail address shown below, and that a
copy was provided to the Office of the State Prosecuting Attorney at the
address shown below:
Warren Clark
Assistant District Attorney Randall
County District Attorney E-Mail:
clarkwl3@gmail.com
Lisa C. McMinn
State Prosecuting Attorney
Email: information@spa.texas.gov
/s/ Christian T. Souza
Christian T. Souza
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