Dunlop, Christopher M. ( 2015 )

PD-1142-15
PD-1142-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/17/2015 8:49:18 PM
Accepted 11/18/2015 9:16:03 AM
ABEL ACOSTA
COA Case No. 05-14-00441-CR
CLERK
IN THE
COURT OF CRIMINAL APPEALS OF TEXAS
IN AUSTIN
CHRISTOPHER M. DUNLOP PETITIONER
VS.
THE STATE OF TEXAS RESPONDENT
Motion for Leave to File Untimely Petition of Discretionary Review
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Christopher M. Dunlop, Appellant and moves this Court to
accept his untimely filed Petition for Discretionary review for good cause showing
the following:
FILED IN
COURT OF CRIMINALAPPEALS
November 18, 2015
ABEL ACOSTA, CLERK
1. The Court of Appeals Fifth District of Texas at Dallas, cause No. 05-14-00441-CR
entered a judgment of AFFIRMEND on July 31, 2015. The case, Styled as
CHRISTOPHER M. DUNLOP, Appellant V. THE STATE OF TEXAS, Appellant
was on appeal from the 296th Judicial District Court Collin County, Texas Trial
No. 296-82462-2012.
The verdict of guilty issued by the lower court was entered on 3/18/2014.
The case from the trial court, Styled as STATE OF TEXAS vs. Christopher M.
Dunlop and numbered 296-82462-2012.
3. Appellant filed a Motion to Extend time to file Petition for Discretionary Review
on 9/1/2015 and was granted an extension with a due date of 10/30/2015.
4. Appellant timely submitted Petition for Discretionary Review, but Review was
returned on 11/02/2015 so that appellant could make corrections that adhere to
T.R.A.P rules 9.4(i)(3), 68.4(a), and 68.4(j) and was given a deadline of
11/12/2015.
5. Appellant diligently worked to submit the updated Petition for Discretionary
Review by the 11/12/2015 deadline, but was not able to submit the updated review
until 5:04 am on 11/13/2015. Five hours after the deadline.
6. Appellant was sent a notification on 11/13/2015 stating the petition was filed
untimely.
7. Appellant relies on the following facts as good cause to accept this request as
timely filed and has provided necessary documentation to support these facts.
a.) Appellant was out of town visiting relatives from 11/8/2015 - 11/15/2015.
b.) Appellant completed making the required modifications to the Petition for
Discretionary Review by 9:00 p.m. on 11/12/2015.
c.) At 9:00 p.m. appellant tried to log in to http://efile.txcourts.gov web site to
upload his documents, but was unable to establish a connection to the web
server.
d.) Appellant notified hotel and was instructed to call their ISP's wireless
service provider for assistance.
e.) Appellant then called the hotels internet provider for assistance and was
told they were aware of the issue and it would be resolved very soon.
f.) Appellant tried every 30 minutes to submit his Petition for Discretionary
Review until he was finally able to successfully submit it at 5:04 a.m.
g.) Appellant has been able to obtain a copy of the receipt of the hotel on the
night of 11/12/2015 and was able to get a statement from the general
manager of the hotel stating their service provider had performed an
upgrade which affected all of the hotel guests from 11/11/2015 thru
11/13/2015.
h.) Appellant has attached copies of his receipt of stay as well as the general
managers written statements and contact number for verification.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this
Motion for Leave to File Untimely Petition of Discretionary Review as Timely,
and for such other and further relief as the Court may deem appropriate.
Very respectfully submitted,
Chris Dunlop
Christopher M. Dunlop
Pro se PETITIONER
435 Merrimac court
Roselle, IL 60172
Tel: (214) 628-1729
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