District Clerk

Texas Court of Criminal Appeals

P.O. Box 12308, Capitol Station

Austin, TX 78711

April 1\n.I , 2D15

RE: Request for Extended Time to File Petition for Discretionary Review

Dear Clerk:

Please find enclosed a motion requesting this Court to grant a;.(6D) day

extension of time to file my Petition for Discretionary Review.

Please forward this to the appropriate persons. If you have any questions

or need further information, please contact me at the address listed below.

Thank you for your assistance with this matter.

Respectfully,

'Johnny Muldrow - Petitioner

Pro Se Representation

TDC3 #1934318

Mark Id. Stiles Unit

3D6D FM 3514

Beaumont, TX 777D5

FILED IN

COURT OF CRIMINAL APPEALS

APR 24 2015

Abel Acosta, Clerk

RECEIVED IN

COURT OF CRIMINAL APPEALS

APR 24 2015

AbelAcosta, Clerk
IN THE

TEXAS COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Muldrow, Johnny §

(•Petitioner) §

§

§ Cause No,

§

THE STATE OF TEXAS §

(Respondent) §

PETITIONER'S FIRST REQUEST FOR EXTENDED TIME

TO FILE PETITION FOR DISCRETIONARY REVIEW AND

REQUEST TO SUSPEND T.R.A.P. RULE 9.3(b)

TO THE HONORABLE OUSTICE(S) OF SAID COURT:

COMES NOld, 30HNNY MULDROld, Petitioner, pToceeding pro se and indigent

in the above styled and numbered cause, and respectfully asks this Court to

extend the filing deadline date for an additional (60) days, thus allowing

Petitioner to prepare and present a meaningful Petition for Discretionary

Review. In addition, Petitioner requests that due to his INDIGENT status,

that T.R.A.P. Rule 9.3(b) be suspended pursuant to T.R.A.P. Rule 2, allowing

Petitioner to file ONLY the original Petition for Discretionary Review

instead of the required (11) copies, as required by Rule 9.3(b)(1).

In support thereof, Petitioner would show the Court the following:

1 . Petitioner was advised by his court-appointed appellate attorney in a

letter dated (in error) July 16, 2015 though postmarked February 17, 2015,

that Petitioner's conviction was affirmed in Appellate Case No. 06-1^-00103-CR;

however, appellate counsel neglected to state when the Court ruled on

this case reaching this decision. (See Exhibits A and B).

2. Petitioner had never been contacted previously by his appellate counsel,

and it was only after inquiring to his court-appointed trial counsel that

he learned who his appellate counsel was and said counsel's contact

information. (See Exhibit C)- Petitioner then requested copies of the

following documents upon learning of the Court's ruling:

a. Appellate Brief

b. State's Response Brief

c. Reply Brief (if submitted)

d. Court's Ruling and Opinion

e. Petition for Discretionary Review (if submitted)
This letter was mailed to appellate counsel on March 15, 2015 (See Exhibit D).

3. Petitioner received a copy of the Appellate Brief that appellate counsel

submitted to the Court on March 2k, 2015; however, there was no accompanying

letter and the postmark was blocked out, so Petitioner has no way to tell

as to the date that the Appellate Brief was mailed to him. (See Exhibit E).

k. Appellate counsel so far has failed to provide copies of the State's Response

Brief as well as the Court's ruling and opinion, in violation of T.R.A.P.

Rule kQ.k.

5. Petitioner submits that he has only just learned of the results of his

direct appeal, and has thus attempted to acquire knowledge of when this

decision was ruled by the Court, and thus respectfully requests that the

time period for filing his Petition for Discretionary Review begin on the

date he received a copy of his Appellate Brief, March 2k, 2015, which was

in direct response to his request for a copy of the Court's ruling sent

to his appellate cousel. Thus, the beginning for this motion to extend

the time for filing his Petition for Discretionary Review would begin on

April 2k, 2015 and end June 23, 2015.

6. Petitioner must assume that his appellate counsel did not file a Petition

for Discretionary Review previously on Petitioner's behalf, due to counsel's

refusal to provide a copy.

7. Petitioner was indigent during trial as well as during his appellate

proceedings and continues to be indigent.

8. Petitioner submits that he does NOT have the legal skills capable to handle

this proceeding and requires assistance from a fellow inmate due to the

complexity of the issues involved with the case.

9. Petitioner is NOT requesting additional time to file his PDR to harass

Respondent nor delay proceedings, but for the sole purpose of preparing

and presenting a meaningful Petition for Discretionary Review.

UHEREFORE, PREMISES CONSIDERED, Petitioner asks this Court to grant

this motion, extending the filing deadline date for his PDR for an additional

(60) days, from April 2k, 2015, or any additional time this Court deems

appropriate. ADDITIONALLY, Petitioner asks that, due to indigent status,

T.R.A.P. Rule 9.3(b) be suspended pursuant to T.R.A.P. Rule 2, allowing

Petitioner to file ONLY the original and (2) copies of his PDR in this Court.