Case Information

*0 FILED COURT OF CRIMINAL APPEALS 11/7/2017 DEANA WILLIAMSON, CLERK *1 PD-1200-17 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/3/2017 12:49 AM Accepted 11/7/2017 1:53 PM DEANA WILLIAMSON PD._________________ CLERK IN THE COURT OF CRIMINAL APPEALS FOR THE

STATE OF TEXAS

KELLY JAMES MCCARTY

V. Appeals No. 03-15-00640-CR

THE STATE OF TEXAS

MOTION FOR EXTENSION OF TIME TO FILE PETITION

FOR DISCRETIONARY REVIEW TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL

APPEALS:

COMES NOW, KELLY JAMES MCCARTY, pro se appellant, and

files this motion asking that the Court extend the time for filing the

Appellant’s petition for discretionary review, and in support thereof,

offers the following:

I.

a. This case is on appeal from the 33 rd Judicial District Court of

Burnet County, Texas. The style and number of the cases in the trial court are The

b.

State of Texas v. Kelly James McCarty , Cause Number

30842. The Appellant was convicted by the Court of the offense of

c.

indecency with a child by contact.

d. Punishment was assessed at 10 years community supervision. *2 The style and number of the case in the Third Court of Appeals

e.

is KELLY JAMES MCCARTY v. State of Texas , Appeal

Number 03-15-00640-CR. The Third Court of Appeals affirmed Appellant’s conviction

f.

and sentence in an unpublished opinion on October 6, 2017. The present deadline for filing the Appellant’s Petition for

g.

Discretionary Review is November 5, 2017. The Appellant seeks an extension of time of 30 days,

h.

suggesting a new due date of December 5, 2017. This is the Appellant’s first request for an extension of time to

i.

file the Appellant’s petition for discretionary review.

II.

This extension is not sought for the purpose of delaying this

appeal, but for the following reasons:

1. Appellant is meeting with attorneys to determine whether he will

be able to hire counsel to pursue a Petition for Discretionary

Review on his behalf or will file a petition pro se. In either event,

additional time will be needed to properly research and prepare

the petition.

III.

A criminal appellant, just like a criminal defendant at trial, is

entitled to the adequate and effective assistance of counsel. Evitts v.

Lucey , 469 U.S. 387, 396 (1985); Ward v. State , 740 S.W. 2d 794

(Tex.Crim.App. 1987). In order to be able to accurately identify and

effectively brief all the potential issues presented in this case, Appellant

or any counsel he hires needs additional time to review the record and

conduct the necessary research to adequately prepare Appellant’s

Petition for Discretionary Review. This request is made pursuant to

Tex. R. App. P. 68.2 (c).

IV.

Therefore, for the above reasons, Appellant prays that the Court

grant an extension of time to December 5, 2017, for filing of the

Appellant’s Petition for Discretionary Review.

Respectfully Submitted /s/

Kelly James McCarty Pro Se Appellant 4519 Oak Wind St.

San Antonio, Texas 78217 (210) 275-1875

Kjmcc09@gmail.com *4 CERTIFICATE OF SERVICE

I, Kelly James McCarty, pro se appellant, certify that a true and correct

copy of the foregoing brief was emailed to Gary W. Bunyard, Assistant

District Attorney for Burnet County and attorney for appellee before the Third

Court of Appeals in cause number 03-15-00640, via efile.

__/s/_Kelly James McCarty______ Kelly James McCarty Pro Se Appellant