IN THE COURT OF APPEALS FIFTH DISTRICT COURT OF APPEALS AT DALLAS

NO. 05-l'+-00563-CR

BILLY JOE CAMPBELL APPELLANT V. THE STATE OF TEXAS APPELLEE 

### RECEIVEDIN 

# COURTOFCRIMINALAPPEALS DEC282015 AbelAcosta,Clerk FILED COURTOF 

### DEC302Ct5 Abel Acosta,Clerk ON REVIEW FROM THE 416tn JUDICIAL DISTRICT COURT COLLIN COUNTY, TEXAS

MOTIOlN FOR LEAVE TO FILE AN OUT OF TIME PETITION FOR DISCRETIONARY REVIEW AND RECALL OF THE MANDATE TO THE HONORABLE JUSTICES OF THE FIFTH JUDICIAL COURT OF APPEALS: 

### COMES NOW, 3illy Joe Campbell, Appellant (Campbell) in the above styled and enumerated Cause, by and through himself, &respectfully moves the Court 

### to recall the mandate, so that Campbellmay request fromthe Court of Criminal Appeals.,! an opportunity to review errors within the proceedings, via anout 

### of timePetition for DiscretionaryReview ever) though the deadlinehas passed 

### forfiling anOriginalV'etitionforDiscretionary Review- seeTEXRAppP 18.7.CONCLUSION jell's-Motion-to Recall the Mandate is made necessary due to administra tive error's wnich occurred in the proceedings. Without notice of the granting 

### of the extension of time to file aMotion for Rehearing, Campbell's time was 

### exhausted." See Tex R App P Rule 4.5(a). The Court nas the authority to recaj.l the mandate so long as it is done 

### "during the. term the mandate was issued.5'. See Hartfialdi vThalar, .403. SW3d 234 

### (TCA2013);DeraiEe v State, 379 SW2d 903 (TCA1972). While the Court of Appeals does not have the authority to grant the out of time PDR, this Court must grant the recall of the mandate to provide the 

### appellant the opportunity co file his Petition for Discretionary Review since it was administrative errors which caused the forfeiture of theproceedings. 

### See Generally, Rodriguez vState, 23 SW3d 25 (TsxApp -Houston [1st DistJ 2000). See also Horrin vState, 668 SWzd 896, 897 (TexApp -Dallas, 1934, no p?.t)(grantingmotion to recall the mandate because appellant didnot receive notice of opinion of the Court of Appeals.) Tex RApp PRule 19.3.
ilespectfully-submi'tted,

TDcJ # 1927270 Lynaugh Unit 1098 S Hxy 2037 

### Ft Stockton/ IX /9735 Appellant, ProseTCERTIFICATE OF SERVICE 

### I, Billy Joe Campbell, certify that a true and correct copy of the motion for Leave to File anOut of Time Petition for Discretionary review and Recall 

### of the Mandate has been served upon the District Attorney of Collin county by 

## depositingsane intheLynaughUnit'smail systemonthis, the ( 5 dayof December, 2015. 

### "73il]#J Campbell ^~COURT OF APPEALS NUMBER 05-14-00563-CR TRIAL COURT CASE NUMBER 416.81619-2014
BILLY J CAMPBELL § IN THE FIFTH DISTRICT COURT § V. § OF APPEALS AT DALLAS § THE STATE OF TEXAS § 5th JUDICIAL DISTRICT
AFFIDAVIT IN SUPPORT OF LEAVE TO FILE STATE OF TEXAS COUNTY OF PECOS 

### "I, Billy J Campbell, amover the age of 18, of sound mind, and personally acquaintedwith the facts statedherein. These facts are true and correct. I received a letter from Angela D'Amore, my appellate attorney, on or about August 19, 2015. In her letter, she tells me that I may file a motion for rehearing &PDR if I wanted. Problem is, she did not tell me that I had to, file a Motion for 

### Rehearing by a date certain, and for me to "assume" that the Court wouldgrant her Motion to extend time to file a motion for rehearing. This failure by 

### D'Amore, caused the proceedings to go off track, prompting this additional doc ument filing. 

### I was unaware of the importance of. D'Amore's letter is part of the prior motion to recall the mandate so that I could file a motion for rehearing. 

### I did not recive any response to my inquiry to D'Amore if the motion re 

### questing an extension of time was granted, nor did I receive any notice from the Clerkof the Court that the motion had been granted- Missing this information 

### I wasdeprived of knowing what to do." 

### "I, Billy Joe Campbell, # 1927270, ampresently incarcerated at the Lynaugh Unit of the TDCj in Pecos County, Texas. I declare under penalty ofperjury,December 14, 2015

Clerk of the Court Court of Appeals Fifth District of Texas at Dallas 600 Commerce Street, Ste 200 Dallas, TX 75202 RE: Billy JCampbell v State ofTexas Court of Appeals # 05-14-00563-CR Trial Court Case No. 416.81619-2012
Dear Clerk: Please find enclosed myMotion for Leave to file anOut of Time Petition for Discretionary Review and Recall of the mandate along with a support affidavit for same. Would you please file this in the matter, and bring this to the Courts att ention for its ruling? I would greatly appreciate that. Merry Christmas to you and yourfamily! Respectfully,
Lly J Campbell TDCJ # 1927270 Lynaugh Unit 1098 S Hwy 2037 Ft Stockton, TX 79735

cc: Ms Sarah Preston Asst District Attorney 

### 2100 Bloomdale Road'I ste 100 McKinney, TX 75071