Melvin Wayne Richardson v. State

ACCEPTED
06-14-00234-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
2/25/2015 2:27:43 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00234-CR
NO. 06-14-00235-CR
FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
MELVIN WAYNE § IN THE COURT OF APPEALS
2/26/2015 9:18:00 AM
RICHARDSON DEBBIE AUTREY
Clerk
V. § FOR THE SIXTH DISTRICT
STATE OF TEXAS § OF TEXAS AT DALLAS
MOTION FOR AN EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, Melvin Wayne Richardson, Appellant in the above
named cause number, by and through his duly appointed attorney on appeal,
and requests that this Court extend the time for filing Appellant’s brief from
February 26, 2014 to April 27, 2015.
I.
In trial case number F06-62662, on May 10, 2010, Appellant was pled
guilty to the indictment and was convicted in the 195th Judicial District
Court in Dallas County, Texas of aggravated assault with a dangerous
weapon. (CR1: 291). The jury assessed punishment at 40 years’
1
CR1 refers to the District Court Clerk’s record in F06-68662.
imprisonment. (CR1: 26, 292). After filing an application for an 11.07 writ
of habeas corpus with the Texas Court of Criminal Appeals, that Court
issued an opinion on November 19, 2014 granting Appellant an appeal out
of time. (CR1: 34-37). Appellant subsequently filed a timely notice of
appeal. (CR1: 38).
In trial case number F06-62371, on May 10, 2010, Appellant was pled
guilty to the indictment and was convicted in the 195th Judicial District
Court in Dallas County, Texas of unlawful possession with intent to deliver
cocaine, 4G. (CR2: 233). The jury assessed punishment at 25 years’
imprisonment. (CR2: 23, 294). After filing an application for an 11.07 writ
of habeas corpus with the Texas Court of Criminal Appeals, that Court
issued an opinion on November 19, 2014 granting Appellant an appeal out
of time. (CR2: 30-33). Appellant subsequently filed a timely notice of
appeal. (CR2: 36).
II.
The due date for Appellant’s Brief is February 26, 2015.
III.
2
The trial court entered an order Nunc Pro Tunc correcting the judgment from twenty
years to forty years. (CR1: 26).
3
CR2 refers to the District Court Clerk’s record in F06-62371.
4
The trial court entered an order Nunc Pro Tunc correcting the judgment from forty years
to twenty-five years. (CR2: 29).
Appellant requests an extension of time of thirty (60) days in which to
file his Brief. No previous extension of time has been requested by
Appellant.
IV.
Appellant submits that a reasonable explanation exists for this
requested extension. Appellant relies on the following facts to reasonably
explain why the brief has not yet been prepared and the need for an
extension of time in which to file Appellant’s Brief:
(1) The undersigned attorney filed briefs in cause numbers 05-14-
00554-CR & 05-14-00555-CR styled Jarmal Deon Speed v. State of
Texas on December 12, 2014 pending in the 5th District Court of
Appeals, Dallas, Texas.
(2) The undersigned attorney filed a brief in cause number 05-14-
00486-CR styled Jose Maya v. State of Texas pending in the 5th
District Court of Appeals, Dallas, Texas.
(3) The undersigned attorney filed a petition for discretionary review
in cause number PD-1541-14 styled Leonardo Geronimo Renteria
Sanchez v. State of Texas on December 18, 2014 pending in the Texas
Court of Criminal Appeals, Austin, Texas.
(4) The undersigned attorney filed a brief in cause number 05-13-
01710-CR styled Errington Charles Hatch v. State of Texas on
January 31, 2015 pending in the 5th District Court of Appeals, Dallas,
Texas.
(5) The undersigned attorney filed a brief in cause number 08-14-
00208-CR styled Danielle Lozono v. State of Texas on February 17,
2015 pending in the 8th District Court of Appeals, El Paso, Texas.
(6) The undersigned attorney filed a brief in cause number 05-14-
00447/00448/00449/00450/00451-CR styled Chason Matthew Oden
v. State of Texas on February 20, 2015 pending in the 5th District
Court of Appeals, Dallas, Texas.
(7) The undersigned attorney is preparing a brief in cause number 05-
14-00720-CR styled Raymond Edwards III v. State of Texas pending
in the 5th District Court of Appeals, Dallas, Texas.
(8) The undersigned attorney is preparing a brief in cause numbers 05-
14-00331/00332/00333/00334-CR styled Neko Boykin v. State of
Texas pending in the 5th District Court of Appeals, Dallas, Texas.
V.
This Motion is not brought for purposes of delay but so that the
appellate record can be read and evaluated, and so that the legal and factual
issues presented by the appellate record can be properly briefed and
presented to this Court on Appellant’s behalf.
WHEREFORE, Appellant requests this Court extend Appellant’s
deadline to file its brief to April 27, 2015.
Respectfully submitted,
/s/ Nanette Hendrickson
Lynn Pride Richardson Nanette Hendrickson
Chief Public Defender Assistant Public Defender
Dallas County, TX Texas State Bar No. 24081423
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-2
Dallas, Texas 75207-4399
(214) 653-3582 (phone)
(214) 653-3539 (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing motion was served
on the Dallas County Criminal District Attorney’s Office (Appellate
Division), 133 N. Riverfront Blvd., B-19, 10th Floor, Dallas, Texas, 75207,
by hand delivery and electronic service at DCDAAppeals@dallascounty.org
on February 25, 2015.
/s/ Nanette Hendrickson
Nanette Hendrickson