IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS NO. _________

PATRICK DALE EARVIN Appellant, On Appeal from the
V. 177 TH District Court of Harris County, Texas; Trial Cause Numbers 1357121 & 1357122 THE STATE OF TEXAS

PETITIONER'S MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF SAID COURT:

PATRICK EARVIN, Petitioner in the above cause number, would respectfully

request th is Court to grant h is motion to extend the time to file h is petition fo r

discretionary review. In support of said motion, Mr

. Earvin would show unto the

Court the following:

I.

This appeal lies from Mr

. Earvin ’ s convictions in The State of Texas v. Patrick

Dale Earvin

, Cause Numbers 13 571 21 and 1357122 in the 1 77 th District Court of

Harris County, Texas. Mr

. Earvin was indicted on October 31, 2012, in District

Court Cause Number 1357121, with indecency with a child and in District Court

cause Number 1357122 with sexual assault of a child under seventeen years of age.

Mr

. Earvin filed a written Motion to Suppress on December 5, 2013 which, after a 14-14-00703-cr COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 9/1/2015 4:18:23 PM Accepted 9/3/2015 10:58:03 AM

ABEL ACOSTA CLERKhearing on December 9, 2014, was “ granted in part ” and “ denied in part ” by the trial

court. Mr. Earvin then pled guilty and on August 27, 2014, was sentenced pursuant

to agreement to sixteen (16) years in the Institutional Division of the Texas

Department of Criminal Justice on both co unts to run concurrently. Mr. E arvin ’ s

conviction s were affirmed on July 7 , 201 5

, by the Fourteenth Court of Appeals in

Cause No s . 1 4

- 1 4

- 00 702

- CR and 14

- 14

- 00703

- CR

. M r

. Earvin filed a Motion for

Rehearing and a Motion for En Banc Reconsideration on July 2 1, 2015 and both

were denied on August 27, 2015. Mr. E arvin ’ s Petition for Discretionary Review is

due September 2 8 , 201 5 . This is M r

. Earvin ’ s first request for an extension to file th e

petition for discretionary review.

II.

M r

. Earvin ’ s attorney of record, Daucie Schindler

, is requesting an extension of

time in order to further evaluate the complex issues involved in the case.

Additionally, because M r

. Earvin is already in the custody o f the Texas Department

of Criminal Justice, it is difficult to communicate and more time is required in order

to properly discuss with h im the issues to be raised. An extension of time is

necessary so that the petition for discretionary review can be time ly filed and

undersigned counsel can properly consult with M r

. E arvin . This motion is not made

for the purpose of delay.WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Honorable Court will grant this requested extension of time to file the Ap pellant's

Petition for Discretionary Review in the above cause for thirty days and extend the

time for filing the petition until October 28, 2015.

Respectfully submitted,

Alexander Bunin Chief Public Defender

/s/ Daucie Schindler Daucie Schindler State Bar No. 240 13495 Assistant Public Defender , Harris County 1201 Franklin 13 th Floor Houston, Texas 77002 Daucie.Schindler@pdo.hctx.net Tel: 713

- 368

- 0016 Fax: 713

- 368

- 9278

CERTIFICATE OF SERVICE

I do hereby certify that a copy of the foregoing instrument was this day electronically served on counsel for the State and by mailing same to the following parties on this the 1 st day of September , 201 5 :

M r

. Alan Curry Harris County District Attorney's Office Appellate Division

State Prosecuting Attorney P.O. Box 12405 Austin, Texas 78711

/s/ Daucie Schindler Daucie Schi ndler