IN THE COURT OF CRIMINAL APPEALS

JOSHUA ED BOWYER, § 

APPELLANT § 

v. § CCA NO. PD-____ 15

§ COA NO. 02-13-00315-CR

THE STATE OF TEXAS, § 

APPELLEE § 

FIRST MOTION FOR EXTENSION OF TIME FOR

FILING OF STATE’S PETITION FOR REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The State requests that the Court grant an extension of time for the 

filing of the State’s petition for review in this case. TEX.R.APP.P. 10.5(b) & 

68.2(c). The following allegations are made in support of this motion:

- I - 

The court below is the Court of Appeals for the Second Court of 

Appeals District of Texas. The style and number of the case in the court of 

appeals is Joshua Ed Bowyer v. The State of Texas, cause number 

02-13-00315-CR. On March 12, 2015, the Second Court of Appeals 

reversed the trial court’s denial of Appellant’s motion to suppress in an 

unpublished opinion authored by Justice Bill Meier. No motion for rehearing 

was filed.

PD-0412-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/13/2015 4:19:35 PM

Accepted 4/15/2015 5:06:34 PM

ABEL ACOSTA

CLERK
- II -

Charged with driving while intoxicated with a child passenger under 

fifteen years of age, Appellant relied on the Supreme Court’s decision in 

Missouri v. McNeely, ___ U.S. ___, 133 S.Ct. 1552 (2013) during a pretrial 

suppression hearing. The trial court, Hon. Mollee Westfall, rejected 

Appellant’s motion to suppress, and the Fort Worth Court of Appeals 

reversed that decision. Bowyer v. State, ___ S.W.3d ___, 2015 WL 

1120332 (Tex. App.—Fort Worth Mar. 12, 2015). 

- III -

The appeal was perfected on June 21, 2013, the date notice of appeal 

was filed.

- IV -

The current deadline for filing the State’s petition for discretionary 

review is April 13, 2015. No extension has previously been granted 

regarding the State’s petition. 

- V -

The extension is not requested for purposes of delay but rather to 

adequately brief the legal issues warranted by the decision of the court of 

appeals. 

- VI -
Counsel has had the following other obligations which have prevented 

her from completing the State’s Petition for Discretionary Review. Counsel 

filed her State’s appeal brief raising three issues in State v. Laura Ann Swan, 

cause number 02-14-00416-CR. Also, counsel prepared and presented 

oral argument in State v. Scott Ellery Crawford, Jr., cause number 

02-14-00289-CR, a state’s appeal raising seven issues. Counsel also 

reviewed a misdemeanor case out of County Criminal Court Number Seven 

and decided to pursue a state’s appeal, filing notice of appeal this past 

month, State v. Cameron William Varley, cause number 02-15-00076-CR. 

Counsel has read the record and reviewed another case for a possible 

state’s appeal, State v. Vicky Lynn Hebbe, out of the County Criminal Court 

Number Eight, and has submitted her recommendation not to pursue that 

appeal. Before this Court, counsel filed her State’s petition for discretionary 

review in and Walter Chidyausiku v. State, cause numbers PD-0313-15 and 

PD-0314-15. Also, counsel has devoting significant time preparing for a 

hearing for held today in State v. Stewart Le Richardson, cause numbers 

1162224, 1147512, and 1148118 in the 396th Judicial District Court, formerly 

cause number 02-10-00058-CR. Counsel researched, drafted responses, 

prepared for the hearing, conducted the hearing, and cross-examined the 

Defendant on the Defendant’s Motion to Dismiss for Failure to Provide a 
Speedy and Public Trial and the Defendant’s Motion to Set Reasonable Bail

in these causes. Additionally, counsel reviewed and edited a search 

warrant in an intoxication-related case out of the Forest Hills Police 

Department where an intoxicated driver injured EMS personnel; this case 

will ultimately be prosecuted as State v. Frank Soto, currently identified as 

ECFS#490453. Additionally, for the prior four weeks, counsel has 

experienced on-going computer problems resulting in counsel’s recently 

receiving a new computer. For all of these reasons, counsel requests an 

additional thirty days in which to file the State’s petition.

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays 

that this Court grant this First Motion for Extension of Time for Filing the 

State’s Petition for Discretionary Review and extend the time for filing of the 

State’s document for thirty days to May 13, 2015.

Respectfully submitted,

SHAREN WILSON

Criminal District Attorney

Tarrant County, Texas

DEBRA WINDSOR, Assistant 

Criminal District Attorney

Chief, Post-Conviction

 /s/ TANYA S. DOHONEY 

TANYA S. DOHONEY, Assistant

Criminal District Attorney

State Bar No. 02760900
Tim Curry Criminal Justice Center

401 W. Belknap

Fort Worth, Texas 76196-0201

(817) 884-1687

FAX (817) 884-1672

CCAappellatealerts@tarrantcountytx.gov

CERTIFICATE OF SERVICE

A true copy of the State’s motion has been e-served to opposing 

counsel, Hon. Richard Henderson, richard@rahenderson.com & 

yolanda@rahenderson.com, 100 Throckmorton St., Ste. 540, Fort Worth, 

Texas 76102, and to the State Prosecuting Attorney, the Hon. Lisa McMinn, 

information@spa.texas.gov, P.O. Box 13046, Austin, Texas 78711 this 13th

day of April, 2015.

 /s/ TANYA S. DOHONEY 

TANYA S. DOHONEY

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