Case Information
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PD-1579-15
No. RECEIVED IN COURT OF CRIMINAL APPEALS
IN THE DEC 042015 COURT OF CRIMINAL APPEALS Abel Acosta, Clerk AUSTIN, TEXAS
JIN JACK THOMPSON FLEED IN COURT OF CRIMINAL APPEALS V.
THE STATE OF TEXAS Abel Acosta, Clerk
From Appeal No. 03-14-00371-CA Trial Cause No. 13-0520-K2G Williamson County
FIRST MOTION FOR EXTENSION OF TIME T.O FILE PETITION FOR DISCRETIONARY REUEL.
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS: comes now, Jim JACK Thompson, Petitioner, and Files this Motion for an Extension of sixty (60) days to File a Petition for Discretionary Review. In support of this Motion, Petitioner shows the Court the Following:
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I
Petitioner was convicted in the District court of williamson county, Texas, of the offense of Burglary of a Habitation in cause number 13-0520-K26, styled State of Texas v. Tim Jack Iberspson. The Petitioner appealed to the Court of Appeals, Third Supreme Judicial District. The case was affirmed on October 21, 2015.
II
The present deadline for filing the PDR is November 20,2015. Petitioner has not requested any extension prior to this request.
III
Petitioner's request is based on the following facts: The Third Court of Appeals affirmed Petitioner's case on October 21,2015. Subsequently,
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it notified Petitioner's appellate attorney of record, BayBass. In turn, that Attorney did not attempt to notify Petitioner of the Court's decision until November 7, 2015. (See Attachment A).
Moreover, that attorney mailed the notice to Petitioner using an incorrect address, thereby significantly delaying reception of the notification. The address listed on the notification is for the 8urd Unit. Petitioner is housed on the Hughes Unit. Therefore, Petitioner did not receive the notification until November 19, 2015.
IV
Attorney Ray Bass informed Petitioner that he will not represent Petitioner on the PDR. Giuen Petitioner's layman's knowledge of Texas jurisprudence, he would request additional time to gather the appropriate information pertinent to a PDR in order to properly
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Wherefore, Petitioner prays this court grant this Motion and extend the deadline for filing this PDR from November 20, 2015 to January 19, 2016.
Petitioner, pro se Hughes Unit At. 2 Box 4400 Gatesville, TX 76597
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above First Motion for Extension to File Patition for Discretionary Review has been forwarded to the State.Prosecuting Attorney, 20.80112405, Austin, Texas, 18211 on this the day of November, 2015 .
I, Jim Jack Thompson, TOCJ # 01971326, being presently incarcerated at the Hughes Unit of the Texas Department of Criminal Justice in Corvall County, Texas, verify under penalty of perjury that the foregoing statements are true and correct. Executed on this. day of November, 2015.
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RAY BASS, ATTORNEY
120 West Street Georgetown, Texas 78626
NOVEMBER 7, 2015
JIM JACK THOMPSON 1971326 BYRD UNIT 21 FM 247 HUNTSVILLE, TEXAS 77320
CERTIFIED MAIL RECEIPT # 700726800001771478758
I regret to inform you that we have received an unfavorable ruling from the Third Court of Appeals. A copy of the Court's opinion, which was issued on OCTOBER 21, 2015 , is sent under separate cover.
By law I am required to inform you that you have the right under Rule 68, Texas Rules of Appellate Procedure, to file a Pro Se Petition For Discretionary review in the Court of Criminal Appeals. The Court of Criminal Appeals can review the decision of the Third Court of Appeals and, if the Court of Criminal Appeals agrees with our position, can rule in our favor.
Your Petition For Discretionary Review must be fild in The Texas Court Of Criminal Appeals by November 20, 2015, unless additional time is granted by that Court.
SINCERELY Ray Bass RAY BASS