Barnard, Ronnie MacK ( 2015 )

PD-0524-15
PD-0524-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/5/2015 12:49:28 PM
May 6, 2015 Accepted 5/6/2015 1:01:24 PM
ABEL ACOSTA
CLERK
NO.
IN THE
COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
RONNIE M. BARNARD
Appellant
v.
STATE OF TEXAS
Appellee
Appeal from the 54th District Court of McLennan County, Texas
No. 2013-631-C2 and
No. 07-13-00355-CR in the Seventh Court of Appeals for the State of Texas
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
LAW OFFICE OF STAN SCHWIEGER
600 Austin Avenue, Suite 12
P.O. Box 975
Waco, Texas 76703-0975
(254) 752-5678
(254) 752-7792—Facsimile
State Bar No. 17880500
E-mail: wacocrimatty@yahoo.com
RONNIE M. BARNARD, Appellant moves for an extension to file
Appellant’s Petition for Discretionary Review:
I.
RONNIE M. BARNARD moves this Court to allow an extension of THIRTY
(30) days to file his Petition for Discretionary Review.1 Appellant was convicted of
the offense of Aggravated Sexual Assault of a Child - Counts 1-5, Indecency with a
Child by Contact - Counts 6-9, 12 and Sexual Assault of a Child - Counts 10, 11 and
13. Mr. Barnard was sentenced to life sentences on each count, imposed
consecutively in the of Texas Department of Criminal Justice.2 The sentencing took
place on September 13, 2013. The Seventh Court of Appeals issued its opinion on
April 8, 2015, denying Appellant’s requested relief.3
1
TEX. R. APP. P. 68.2(c).
2
State v. Ronnie M. Barnard, No. 2013-631-C2 (54th Dist. Ct., McLennan County,
Tex. Sept. 13, 2013).
3
Barnard v. State, No. 07–13–00355–CR, 2015 WL 1566734 (Tex. App.—Amarillo
Apr. 8, 2015, no pet. h.) (mem. op., not designated for publication).
Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 1
II.
REQUIRED INFORMATION PURSUANT TO THE RULES OF
APPELLATE PROCEDURE
A. The deadline for filing the Petition for Discretionary Review:4
May 8, 2015.
B. The length of the extension sought:5 Thirty (30) days - June 8,
2015.
C. The facts relied upon to reasonably explain the need for the
extension:6
I am a sole practitioner with a concentration in criminal defense, with
both federal and state matters. In addition, I carry a heavy caseload both
at the state and federal levels. During the pendency of this appeal, I
prepared for several trials and other criminal hearings. I am currently
preparing for trial in the district courts of McLennan County, Texas on
several matters. In addition, during the pendency of this matter, I took
a one week vacation.
D. Number of previous extensions granted for previous Petitions
for Discretionary Review:7 None.
4
TEX. R. APP. P. 10.5(b)(1)(A).
5
TEX. R. APP. P. 10.5(b)(1)(B).
6
TEX. R. APP. P. 10.5(b)(1)(C).
7
TEX. R. APP. P. 10.5(b)(1)(D)
Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 2
III.
The additional time requested is not sought solely for delay, nor sought
frivolously, but will be of genuine assistance to Appellant’s attorney in allowing to
timely file the Petition.
REQUEST FOR RELIEF
Appellant requests that this Court grant his Motion and extend the deadline for
filing Appellant’s Petition For Discretionary Review to June 8, 2015 or that this
Court grant such additional time as is just and proper.
Respectfully submitted,
LAW OFFICE OF STAN SCHWIEGER
/s/ Stan Schwieger
Stan Schwieger
600 Austin Avenue, Suite 12
P.O. Box 975
Waco, Texas 76703-0975
(254) 752-5678
(254) 752-7792—Facsimile
E-mail: wacocrimatty@yahoo.com
State Bar No. 17880500
ATTORNEY FOR APPELLANT
Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 3
CERTIFICATE OF SERVICE
A copy of this Motion was delivered to Mr. Sterling Harmon, McLennan
County District Attorney’s Office on May 6, 2015 by this Court’s electronic filing
service at sterling.harmon@co.mclennan.tx.us .
/s/ Stan Schwieger
Stan Schwieger
Appellant’s Motion to Extend Time to File Petition For Discretionary Review Page 4