PD-1142-15

COA Case No. 05-14-00441-CR

IN THE

PD-1142-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 11/17/2015 8:49:18 PM

Accepted 11/18/2015 9:16:03 AM

ABEL ACOSTA

CLERK

COURT OF CRIMINAL APPEALS OF TEXAS

IN AUSTIN

CHRISTOPHER M. DUNLOP PETITIONER

VS.

THE STATE OF TEXAS RESPONDENT

Motion for Leave to File Untimely Petition of Discretionary Review

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Christopher M. Dunlop, Appellant and moves this Court to

accept his untimely filed Petition for Discretionary review for good cause showing

the following:

FILED IN

COURT OF CRIMINALAPPEALS

November 18, 2015

ABEL ACOSTA, CLERK
1. The Court of Appeals Fifth District ofTexas at Dallas, cause No. 05-14-00441-CR

entered a judgment ofAFFIRMEND on July 31, 2015. The case, Styled as

CHRISTOPHER M. DUNLOP, Appellant V. THE STATE OF TEXAS, Appellant

was on appeal from the 296th Judicial District Court Collin County, Texas Trial

No. 296-82462-2012.

The verdict of guilty issued by the lower court was entered on 3/18/2014.

The case from the trial court, Styled as STATE OF TEXAS vs. Christopher M.

Dunlop and numbered 296-82462-2012.

3. Appellant filed a Motion to Extend time to file Petition for Discretionary Review

on 9/1/2015 and was granted an extension with a due date of 10/30/2015.

4. Appellant timely submitted Petition for Discretionary Review, but Review was

returned on 11/02/2015 so that appellant could make corrections that adhere to

T.R.A.P rules 9.4(i)(3), 68.4(a), and 68.4(j) and was given a deadline of

11/12/2015.

5. Appellant diligently worked to submit the updated Petition for Discretionary

Review by the 11/12/2015 deadline, but was not able to submit the updated review

until 5:04 am on 11/13/2015. Five hours after the deadline.

6. Appellant was sent a notification on 11/13/2015 stating the petition was filed

untimely.
7. Appellant relies on the following facts as good cause to accept this request as

timely filed and has provided necessary documentation to support these facts.

a.) Appellant was out oftown visiting relatives from 11/8/2015 - 11/15/2015.

b.) Appellant completed making the required modifications to the Petition for

Discretionary Review by 9:00 p.m. on 11/12/2015.

c.) At 9:00 p.m. appellant tried to log in to http://efile.txcourts.gov web site to

upload his documents, but was unable to establish a connection to the web

server.

d.) Appellant notified hotel and was instructed to call their ISP's wireless

service provider for assistance.

e.) Appellant then called the hotels internet provider for assistance and was

told they were aware ofthe issue and it would be resolved very soon.

f.) Appellant tried every 30 minutes to submit his Petition for Discretionary

Review until he was finally able to successfully submit it at 5:04 a.m.

g.)Appellant has been able to obtain a copy of the receipt of the hotel on the

night of 11/12/2015 and was ableto get a statement from the general

manager of the hotelstating theirservice provider had performed an

upgrade which affected all of the hotel guests from 11/11/2015 thru

11/13/2015.
h.) Appellant has attached copies of his receipt ofstay as well as the general

managers written statements and contact number for verification.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this

Motion for Leave to File Untimely Petition ofDiscretionary Review as Timely,

and for such other and further relief as the Court may deem appropriate.

Very respectfully submitted,

Chris Dunlop

Christopher M. Dunlop

Pro se PETITIONER

435 Merrimac court

Roselle, IL 60172

Tel: (214) 628-1729
S5SXZ32: ZET2T

T©WfomM4Rtay Concern, ' ' .''.""'^ J'~ '*••* •, - - '* •,?..

On the 4mm ofNovember u, 2«S - November 13,MIS©«r &*efc*S K-;i H«f ,;

f%s fiai issues with gyest internet due to updates toeingdtosie by<wiat^c§^„,, ,.

provider. Issues cause guest t© tewe lowspeeds and toss ©? JnftsrBsx s^.'^.

Issyes hawe been resolved as ©f November IS, 2§IS.Iapsfogfes fo? tfc

Inconvenience we may have caused. ' " I -?

Thank y©u, ; , ._

QuentinLse. •; • •

General Manager

Red Roof Plus A«$4?n Sow* #258

' 4701SouthrlH35

Austin, Yeaas 78744

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Printed: 1! 13.2015 4:50:45 PM

. Confirmation Number; 258-027085

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