Case Information
*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 7/9/2015 8:15:34 PM LISA MATZ Clerk *1 ACCEPTED 05-15-00830-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 7/9/2015 8:15:34 PM LISA MATZ CLERK
Nos. 05-15-00829-CR and 05-15-00830-CR In The
Court of Appeals FIFTH DISTRICT OF TEXAS Dallas, Texas __________________________________________________________________
Deandra Moffett, Appellant, v.
State of Texas Appellee.
__________________________________________________________________
Appealed from the 291st Judicial District Court of Dallas County, Texas, the Honorable Stephanie Mitchell, Presiding __________________________________________________________________
Appellant’s Motion to Extend Time to File Notice of Appeal and Motion for
Leave to Request Untimely Preparation of Clerk’s and Reporter’s Record __________________________________________________________________
SBOT: 24069969 Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Street Suite 400 Dallas, Texas 75202 Telephone: (972) 802 − 1788 Facsimile: (972) 682 – 7586 Email: Niles@appealstx.com ATTORNEY FOR APPELLANT DEANDRA MOFFETT *2 To the Honorable Justices of the Fifth Court of Appeals :
Deandra Moffett presents this, his Motion to Extend Time to File Notice of Appeal and Motion for Leave to Untimely Designate Clerk’s and Reporter’s
Records.
I NTRODUCTION 1. Deandra Moffett is the Appellant and the State of Texas is the Appellee.
2. On May 29, 2015, the Honorable Stephanie Mitchell of the 291st Judicial
District Court of Dallas County revoked Moffett’s community supervision in cause
number F-1399715 and adjudicated him guilty in cause number F-1355805. In the
first instance the Court sentenced Moffett to spend ten years in the custody of the
Texas Department of Criminal Justice and in the second instance the Court
sentenced Moffett to spend twenty years in the custody of same.
3. Moffett’s trial attorney did not file a notice of appeal and the trial court did
not appoint an appellate attorney to represent Moffett. Moffett filed his own pro-se
notice of appeal on July 2, 2015. At that time, he was unaware that he had to also
file a motion in this Court asking for leave to untimely file his notice of appeal or
to request that the record be prepared.
4. Moffett received appointed appellate counsel on Thursday, July 2, 2015.
Appointed appellate counsel has tried to secure an affidavit from Moffett
explaining why he untimely filed his notice of appeal and why he did not
simultaneously file a motion seeking leave to file an untimely notice of appeal in
this Court. Moffett is incarcerated in the Dallas County Jail and this process has
not been easy for him nor is it complete.
A RGUMENT AND A UTHORITY 5. Rule 26.3 provides that a notice of appeal that is filed late but less than 16
days late may confer jurisdiction on this Court if that notice of appeal is
accompanied by a motion seeking leave to file an untimely notice of appeal. T EX .
R. A PP . P. 26.3.
6. Rule 34.6(b) requires that “[a]t or before the time for perfecting the appeal,
the appellant must request in writing that the official reporter prepare the reporter’s
record. The request must designate the exhibits to be included.” T EX . R. A PP . P.
34.6(b).
7. Because Moffett is confined in the Dallas County Jail, Moffett is unable to
attach an affidavit to support this motion but he will file one when it is available.
8. Moffett did not timely file a notice of appeal because he relied on his trial
counsel to do this for him. Only when he learned that his counsel had not done so,
Moffett filed his own, pro-se, notice of appeal. Moffett was ignorant of the rules
requiring him to request leave from this Court to file his notice of appeal and he
was equally ignorant of the requirement that he request the preparation of the
clerk’s and reporter’s records.
9. Moffett asks this Court to consider his untimely notice of appeal and to
permit this notice of appeal to confer jurisdiction on this Court. Further, Moffett
asks for leave to untimely designated the Clerk’s and Reporter’s Record.
P RAYER AND C ONCLUSION 10. Moffett asks that this Court consider the circumstances of this request and to
grant him leave to file an untimely notice of appeal and to file an untimely request
for the production of the Clerk’s and Reporter’s Records.
Respectfully Submitted, /s/ Niles Illich The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Street Suite 400
Dallas, Texas 75202-4518 Direct: (972) 802-1788 Fax: (972) 236-0088 Email: Niles@appealstx.com *5 CERTIFICATE OF SERVICE This is to certify that, on July 9, 2015, a true and correct copy of this Request for an Extension of Time to File Notice of Appeal and Motion for Leave
to Untimely File Request for Production of Clerk’s and Reporter’s Record was
served on all parties of record as follows:
VIA ELECTRONIC SERVICE
Lori Ordiway
Chief, Appellate Division
Dallas County District Attorney’s Office
133 N. Riverfront Blvd.
Dallas, Texas
Dcdaappeals@dallascounty.org
/s/ Niles Illich