IN THE COURT OF CRIMINAL APPEALS 

OF THE STATE OF TEXAS 

NO. _________ 

PATRICK DALE EARVIN 

Appellant, 

 On Appeal from the 

V. 177TH 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 this Court to grant his motion to extend the time to file his petition for 

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 1357121 and 1357122 in the 177th 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

CLERK
hearing 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 counts to run concurrently. Mr. Earvin’s 

convictions were affirmed on July 7, 2015, by the Fourteenth Court of Appeals in 

Cause Nos. 14-14-00702-CR and 14-14-00703-CR. Mr. Earvin filed a Motion for 

Rehearing and a Motion for En Banc Reconsideration on July 21, 2015 and both 

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

due September 28, 2015. This is Mr. Earvin’s first request for an extension to file the 

petition for discretionary review.

II.

Mr. 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 Mr. Earvin is already in the custody of the Texas Department 

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

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

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

undersigned counsel can properly consult with Mr. Earvin. 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 Appellant'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. 24013495

Assistant Public Defender, Harris County

1201 Franklin 13th 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, 2015:

Mr. Alan Curry

Harris County District Attorney's Office

Appellate Division

State Prosecuting Attorney

P.O. Box 12405

Austin, Texas 78711

/s/ Daucie Schindler

Daucie Schindler