Case Information
*1 PD-0542-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/6/2015 3:07:00 PM Accepted 5/8/2015 10:11:30 AM ABEL ACOSTA NO. _________________ CLERK TO THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS LEAVELLE FRANKLIN, PETITIONER VS.
THE STATE OF TEXAS, RESPONDENT
PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Pursuant to Texas Rules of Appellate Procedure 68.2(c) and 10.5(b), COMES NOW the Petitioner, LEAVELLE FRANKLIN , by and through counsel of record, Jason Horton, and files this Motion for Extension of Time to File Petition for Discretionary Review.
I. Petitioner intends to seek discretionary review from the Texas Sixth Court of Appeals’ March 10, 2015, decision in Leavelle Franklin v. State of Texas , No. 06-14- 00047-CR. Petitioner filed a motion for rehearing that was overruled on April 7, 2015.
II.
Petitioner’s Petition for Discretionary Review is due on May 7, 2015.
III.
Petitioner has neither sought nor obtained any prior extensions in this case.
IV. Petitioner requests additional time to (1) review the record for all possible grounds for review, and (2) prepare Petitioner’s Petition for Discretionary Review. Petitioner’s counsel’s trial and appellate caseload and schedule have prevented said attorney from being able to devote the necessary time to complete and file Petitioner’s Petition. Said caseload and schedule includes, but is not limited to, the following since the Texas Sixth Court of Appeals issued its decision overruling Petitioner’s Motion for Rehearing: Preparation for and attendance at status hearing in State of Arkansas v.
Joshua Mooney , pending in the Circuit Court of Miller County, Arkansas, on April 7, Preparation for and attendance at bond returnable hearing in State of Arkansas v. Heath Vinyard on April 7, 2015;
■ Preparation for and attendance at change of plea hearing and pre-sentence interview in United States v. Patrick James , pending in the United States District Court for the Eastern District of Texas, on April 7, 2015; Preparation for and attendance at client consult at client’s home in
Smackover, Arkansas, in United States v. Clarisse Carey , pending in the United States District Court for the Western District of Arkansas, on April 9, 2015; Preparation for and attendance at polygraph examination in Dallas, Texas relating to State of Texas v. James Vowell , pending in the 102 nd District Court of Bowie County, Texas, on April 10, 2015; Preparation for and attendance at client consult at the Titus County Jail in
Mt. Pleasant, Texas, in United States v. Raul Saucedo , pending in the United States District Court for the Eastern District of Texas, on April 13, 2015; Preparation for and attendance at pretrial hearing in
Christopher Adam Phillips on April 14, 2015; Preparation for and attendance at arraignment in State of Arkansas v. Jeffrey
David Shelton , pending in the Circuit Court of Howard County, Arkansas, on April 15, 2015;
■ Preparation for and attendance at pretrial hearing in Adam Kidd , pending in the Circuit Court of Hempstead County, Arkansas, on April 16, 2015;
■ Preparation for and attendance at bond reduction hearing in State of Arkansas v. Juan Perez , pending in the Circuit Court of Miller County, Arkansas, on April 16, Preparation for and attendance at trial in State of Arkansas v. William Hames , pending in the District Court of Miller County, Arkansas, on April 20, 2015; Preparation for and attendance at bond returnable hearing in State of Arkansas v. Jared Harper on April 21, 2015; Preparation for and attendance criminal status docket in the Circuit Court of
Miller County, Arkansas, on April 21, 2015 (full day); Petitioner’s Counsel was out of the county from April 22-27, 2015; Preparation for and attendance at pre-indictment hearing in State of Texas v.
Demarcus James , pending in the 202 nd District Court of Bowie County, Arkansas, on April 29, 2015;
■ Preparation for and attendance at sentencing hearing in Adam Kidd , pending in the Circuit Court of Hempstead County, Arkansas, on April 30, 2015; Preparation for and attendance at sentencing hearing in United States v.
Dimetrice Daniels , pending in the United States District Court for the Eastern District of Texas, on April 30, 2015; Preparation for and attendance at arraignment in United States v. Jose Rojas-
Sanchez , pending in the United States District Court for the Western District of Arkansas, on May 4, 2015; Preparation for and attendance at pre-indictment hearing in State of Texas v.
Lisa Phillips , pending in the 5 th District Court of Bowie County, Texas, on May 4, 2015; Preparation for and attendance at pre-indictment hearing in State of Texas v.
Levi Hughes , pending in the 5 th District Court of Bowie County, Texas, on May 4, 2015; Preparation for and attendance at status hearing in State of Texas v. Stacey
Huddleston , pending in the 5 th District Court of Bowie County, Texas, on May 4, Preparation for and attendance at criminal pretrial docket in the Circuit Court of Miller County, Arkansas, on May 5, 2015 (full day); Preparation for and attendance at plea and sentencing in
Joshua Parks , pending in the Circuit Court of Miller County, Arkansas, on May 5, Preparation for and attendance at juvenile criminal docket in the Circuit Court of Miller County, Arkansas – Juvenile Division, on May 6, 2015; Preparation for and attendance at State Bar of of Texas Grievance Committee panel hearing on May 6, 2015; and Preparation for and attendance at hearing in D.E. Adams, et al. vs. Union
Pacific Corporation, et al on May 7, 2015.
VI.
This motion is made in good faith and not for purposes of delay.
VII. Without additional time, Petitioner will be denied effective assistance of counsel, to which he is entitled.
WHEREFORE, LEAVELLE FRANKLIN requests that the deadline for the filing of his Petition be extended sixty (60) days, and for any such other relief to which he may be entitled.
Respectfully submitted, JASON HORTON LAW FIRM 114 West Broad Street Texarkana, Texas 75501 Mail to: P.O. Box 1596 Texarkana, Texas 75504 T- (903) 792-2000 F- (903) 792-2100 www.jasonhortonlaw.com BY: /s/ Jason Horton Jason Horton jason@jasonhortonlaw.com Texas Bar Number 24041130 ATTORNEY FOR APPELLANT *8 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been forwarded to the following listed persons this 6 th day of May, 2015:
Mr. Jerry Rochelle
Bowie County District Attorney
Bowie County Plaza
601 Main Street
Texarkana, Texas 75501
State Prosecuting Attorney
P.O. box 13046
Austin, Texas 78711
/s/ Jason Horton Jason Horton