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

RECEIVED IN

COURT OF CRIMINAL APPEALS

DEC 28 2015

Abel Acosta, Clerk

FILED

COURT OF

DEC 3 0 2Ct5

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 Campbell may request from the Court of Criminal

Appeals.,! an opportunity to review errors within the proceedings, via an out

of time Petition for Discretionary Review ever) though the deadline has passed

for filing an Original V'etition for Discretionary Review- see TEX RApp P

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 a Motion 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 v Thalar, .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 the proceedings.

See Generally, Rodriguez v State, 23 SW3d 25 (Tsx App - Houston [1st DistJ 2000).

See also Horrin v State, 668 SWzd 896, 897 (Tex App - Dallas, 1934, no p?.t)(granting motion to recall the mandate because appellant did not receive notice of

opinion of the Court of Appeals.) Tex R App P Rule 19.3.

ilespectfully-submi'tted,

TDcJ # 1927270

Lynaugh Unit

1098 S Hxy 2037

Ft Stockton/ IX /9735

Appellant, ProseT
CERTIFICATE OF SERVICE

I, Billy Joe Campbell, certify that a true and correct copy of the motion

for Leave to File an Out of Time Petition for Discretionary review and Recall

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

depositing sane in the Lynaugh Unit's mail system on this, the ( 5 day of

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, am over the age of 18, of sound mind, and personally

acquainted with the facts stated herein. 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 would grant

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 Clerk of the Court that the motion had been granted- Missing this information

I was deprived of knowing what to do."

"I, Billy Joe Campbell, # 1927270, am presently incarcerated at the Lynaugh

Unit of the TDCj in Pecos County, Texas. I declare under penalty of perjury,
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 J Campbell v State of Texas

Court of Appeals # 05-14-00563-CR

Trial Court Case No. 416.81619-2012

Dear Clerk:

Please find enclosed my Motion for Leave to file an Out 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 your family!

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