Bailey, Richard Douglas ( 2015 )

PD-0823&0824-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/2/2015 10:46:34 AM
Accepted 7/2/2015 3:36:06 PM
NOS. ___________________ and _____________________ ABEL ACOSTA
CLERK
RICHARD DOUGLAS BAILEY § IN THE COURT OF CRIMINAL APPEALS
§
v. § STATE OF TEXAS
§
THE STATE OF TEXAS § AUSTIN, TEXAS
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES, the Appellant, RICHARD DOUGLAS BAILEY, and moves for an
extension of time to file the Appellant’s Petition for Discretionary Review in these cases, and in
support thereof would show the following:
I.
a. These cases arise out of Criminal District Court No. 1 of Dallas County, Texas under
Cause Nos. F12-34478-H and F12-34479-H, styled State of Texas v. Richard
Douglas Bailey. They are also pending in the Dallas Court of Appeals under case
numbers 05-14-00885-CR and 05-14-00886-CR.
b. Appellant was convicted of Theft of a Firearm in cause number F12-34478-H and
sentenced to 1 year state jail. Appellant was also convicted of Unlawful Possession
of a Firearm in Weapon Free Zone in cause number F12-34479-H and sentenced to
4 years imprisonment in the Texas Department of Criminal Justice. The judgment
date was June 17, 2014. On June 2, 2015, the Court of Appeals affirmed the
convictions.
c. The deadline for filing the Appellant’s Petition for Discretionary Review is July 2,
2015.
d. Appellant requests an extension until August 2, 2015, to file the Petition for
Discretionary Review.
e. The reason for this request is that, in the last few weeks, counsel has been working
on the following:
Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 1
1. Reply Brief in Ex Parte Micah Tutton, No. 10-14-00360-CR, in the Tenth
Court of Appeals.
2. Brief in Mark Edwin Guida v. State of Texas, No. 05-14-01626-CR, in the
Fifth Court of Appeals.
3. Objections to Findings, Conclusions and Recommendation of United States
Magistrate Judge in William Luck v. United States, No. 3:14-CV-1989-B, in
the United States District Court for the Northern District of Texas.
4. Reply to State’s Response to Application for Writ of Habeas Corpus in Ex
Parte Charles Atterbury, No. W401-80045-08-HC, in the 401st District
Court of Collin County, Texas.
5. Brief in Tom Iles White III v. State of Texas, No. 05-14-01359-CR, in the
Fifth Court of Appeals.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this Motion
be granted.
Respectfully submitted,
/s/ Brett Ordiway
BRETT E. ORDIWAY
Bar Card No. 24079086
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
ATTORNEY FOR APPELLANT
Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Motion for
Extension of Time to File Appellant’s Petition for Discretionary Review was electronically delivered
to the Dallas County District Attorney’s Office and to the State Prosecuting Attorney, on this the 2nd
day of July, 2015.
/s/ Brett Ordiway
BRETT E. ORDIWAY
Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 3