APPELLATE COURT CAUSE NO. 14-14-00101-CR and 14-14-00102-CR

NO.

ADRIAN DESHAWN PATTON,

Petitioner;

V.

THE STATE OF TEXAS

Respondent.

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IN THE

COURT OF CR!m«AUPPRfQ COURT OF CRIMINAL APPEALS * '

AUSTIN, TEXAS JUL 10 2015

AbelAcosta, ClerfMOTION FOR LEAVE TO FILE OUT OF TIME

PETITION FOR DISCRETIONARY REVIEW

COMES NOW, ADRIAN DESHAWN PATTON, Petitioner, pro se, Lb.. pn ..

the above styled and numbered Cause, and would show tn'PMBJiQFtCRIMlNALAPPEALS

the following: JUL 10 20»D

I.

Abel Acosta, Clerk

The Fourteenth Court of Appeals Affirmed Petitioner's conviction

on February 15, 2015, setting the deadline for filing a Petition

for Discretionary Review for March 17, 2015.

II.

Appellate counsel, Dan P. Bradley, failed to timely inform

Petitioner of the appellate court decision. However, counsel

did notify Petitioner by letter (see attachment "A") of his failure,

and to inform petitoner that counsel had filed a Motion for Extention

of Time to File Out of Time PDR (see Attachment "B")

III.

As of June 28, 2015, no further notice from Atty. Bradley

or this Court has been received by Petitioner. Further, Petitioner

is of the belief that Atty. Bradley is no longer cousel of record,

and therefore has no standing to file such a motion before the

Court. Regardless, Petitioner merely wishes to have his day in

court, namely the opportunity to present his grounds before this
t.

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Honorable Court.

PRAYER

Petitioner prays this Honorable Court grant his Motion for

Leave to File Out of Time Petition for Discretionary Review,

and set the deadline for filing said PDR for August 28, 2015.

INMATE DECLARATION

I, Adrian Deshawn Patton, do hereby declare that a true

copy of the above and foregoing Motion for Leave was placed in

the USPS Authorized mail receptacle, first-class postage prepaid,

and addressed to Court of Criminal Appeals, PO box 12308, Austin,

TX 78711, on this the 2/QTH" day of Q u ng 2015.

(itttxO/YQ Qft^rtarQ
Dan P. Bradley

Attorney at Law

BoardCertified, Criminal Law, TexasBoardof LegalSpecialization P.O. Box 7107 Houston, TX 77248

(713) 819-5529

FAX (877) 655-2797

June 3, 2015

Adrian Patton 1899028 CMRRR 7012 1010 0001 0583 5734

59 Darrington Rd.

Rosharon,TX 77583

Re: Nos. 14-14-00101-CR & 14-14-00102-CR; Adrian Deshawn Patton vs.

The State of Texas

Dear Mr. Patton:

Enclosed is a copy of the State's Brief. Additionally, the Court of Appeals

affirmed your conviction in a memorandum opinion and judgment and

mandate has issued. I am enclosing copies of those documents for your

records. I have previously provided you with copies of the Reporter's and

Clerk's Records in your cases.

I am writing to advise you that, while my duties as appellate counsel are

technically complete, you have the right to seek discretionary review from

the Court of Criminal Appeals. The procedures for filing a petition are

contained in Rule 66, et seq., of the Rules of Appellate Procedure. As I

don't know what legal research materials you have available to you, I have

attached the text of Rules 66 through 70. These are the Rules you will need

to review.

Please be advised that if you intend to file a petition for discretionary

review, you will need to mail your petition, and eleven (11) copies, to the

following address:

Hon. Louise Pearson

Clerk, Court of Criminal Appeals

Post Office Box 12308

Austin, Texas 78711

You are required to attach a copy of the opinion of the Court of Appeals as

an exhibit to the original and every copy of your petition. Failure to do this

will mean your petition will not be reviewed by the Court of Criminal
Dan P. Bradley - 2

Appeals. You are also required to send copies of your petition to the

following:

Logan Pickett State Prosecuting Attorney

Liberty County District Attorney P.O.Box 13046

1923 Sam Houston Austin, TX 78711

Liberty, TX 77575

Ifyou choose to file a petitionfor discretionary review, it must be mailed or

filed with the Clerk's Office as appropriate, based on the day you mail your

petition, within thirty (30) days of the Court of Appeals' opinion. As the

Courts of Appeals have moved over to an eFiling/paperless system this

year, there has been some confusion in service and delivery on my part.

Thus, the 30 days have lapsed.

If you need additional time to prepare your petition, you may request

additional time by writing the Clerk of the Court of Criminal Appeals,

sending copies of your letter requesting an extension to the Prosecutor and

the State's Prosecuting Attorney, at the addresses listed above. Please note

that any letter requesting additional time must be mailed before the

petition is due. Because of the lateness of getting this notice out to you, I

have taken the liberty of filing a request for extension of time to file a PDR

on your behalf, a copy of which I am enclosing with this letter;

I hope this letter answers any questions you might have about your right to

file a petition for discretionary review and the procedures involved.

Should you have any questions, however, feel free to write me at the above

address.

If you decide to seek habeas corpus relief but will not be represented by

counsel, I suggest you study Chapter 11 of the Texas Code of Criminal

Procedure, in order to familiarize yourself with the rules governing state

habeas corpus proceedings, and Chapter 28, Section 2254, of the United

States Code (28 USC 2254), in order to familiarize yourself with the rules

governing federal habeas corpus proceedings. There may well be

additional materials on the subject available at your unit's law library or,

"writ room."

incerely,

Dan P. Bradley

Attorney at Law

DPB:ms

End.:
No.

TO THE COURT OF CRIMINAL APPEALS OF TEXAS

Adrian Deshawn Patton

Petitioner

v.

The State of Texas

Respondent

On Appeal from the 75- DistrictCourt of Liberty County, in Cause No. CR29871,

the Hon. Mark Morefield, Presiding, andthe February 15, 2015, Opinion ofthe

14* Court of Appeals in Case No. 14-14-00102-CR

1-MOTION FOR EXTENSION OF TIME

FOR FILING (OUT OF TIME) PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

Now comes ADRIAN DESHAWN PATTON, Petitioner in the above

captioned cause, and moves the Court to extend the time for filing Petitioner's

Petition for Discretionary Review and /or to file an out of time Petition for

Discretionary Review, and in support of this Motionwould show the following:

1. Petitioner's Petition for Discretionary Review is currently due on March 7,

2015.

2. Appointed Appellate Counselinadvertently missed sending Appellant notice

of his appellate deadlines with regard to filing of a PDR and a copy of the

Court of Appeals' Memorandum Opinion as called for under Rule 48.4.

3. Given the lapse of the time for Appellant/Petitioner to receivethe notice of

deadlines and his ability to request the PDR timely, Appointed Appellate

Counsel is filing this request for an extension of time / out of time PDR on Mr.
Patton's behalf, but is not otherwise making an appearance of counsel for the

purposes of the filing or litigating of a PDR.

4. Forthe foregoing reasons, undersigned Appellant/ PetitionerPattonrequests

a 30 day extension from today's date to complete his Petition for

Discretionary Review.

5. No previous extensions have been requested in this case.

6. This request is not for delay, but so justice may be done.

7. Contact information for future notices to Pro SeAppellant/ Petitioner Adrian

Deshawn Patton can be forwarded to:

Adrian Patton 1899028

Darrington Unit

59 Darrington Rd.

Rosharon, TX 77583

WHEREFORE, PREMISES CONSIDERED, Appellant/Petitioner prays that

the Court grant this Motion for Extension ofTime and /or Out of Time PDRand all

other relief the Court deems fit.

Respectfully submitted,

Dan P. Bradley

Attorney at Law

P.O. Box 7107

Houston, Texas 77248

Tel. 713-819-5529

Fax:877-655-2797

dbradleylaw@gmail.com

By: /s/ Dan P. Bradley

Dan P. Bradley

State Bar No. 00783703
S-3^ ftVfldi imcaSt 3

No.

TO THE COURT OF CRIMINAL APPEALS OF TEXAS

Adrian Deshawn Patton

Petitioner

v.

The State of Texas

Respondent

On Appealfrom the 75* District Court ofLiberty County, in Cause No. CR29870,

theHon. Mark Morefield, Presiding, andtheFebruary 15,2015, Opinion ofthe

14* Court of Appeals in Case Nos. 14-14-00101-CR

1- MOTION FOR EXTENSION OF TIME

FOR FILING (OUT OF TIME) PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

Now comes ADRIAN DESHAWN PATTON, Petitioner in the above

captioned cause, and moves the Court to extend the time for filing Petitioner's

Petition for Discretionary Review and/or to file an out of time Petition for

Discretionary Review, and in support of this Motionwould show the following:

1. Petitioner's Petition for Discretionary Review is currently due on March 7,

2015.

2. Appointed Appellate Counsel inadvertently missed sending Appellant notice

of his appellate deadlines with regard to filing of a PDR and a copy of the

Court of Appeals' Memorandum Opinion as called for under Rule 48.4.

3. Given the lapse of the time for Appellant/Petitioner to receive the notice of

deadlines and his ability to request the PDR timely, Appointed Appellate

Counsel is filing this request for an extension of time /out of time PDR on Mr.
Patton's behalf, but is not otherwise making an appearance of counsel for the

purposes of the filing or litigating of a PDR.

4. Forthe foregoing reasons, undersigned Appellant/PetitionerPatton requests

a 30 day extension from today's date to complete his Petition for

Discretionary Review.

5. No previous extensions have been requested in this case.

6. This request is not for delay, but so justice may be done.

7. Contact information for future notices to Pro SeAppellant/ Petitioner Adrian

Deshawn Patton can be forwarded to:

Adrian Patton 1899028

Darrington Unit

59 Darrington Rd.

Rosharon, TX 77583

WHEREFORE, PREMISES CONSIDERED, Appellant/ Petitioner praysthat

the Court grant this Motion for Extension of Time and / or Out of Time PDR and all

other relief the Court deems fit.

Respectfully submitted,

Dan P.. Bradley

Attorney at Law

P.O. Box 7107

Houston, Texas 77248

Tel. 713-819-5529

Fax:877-655-2797

dbradleylaw@gmail.com

By: /s/ Dan P. Bradley

Dan P. Bradley

State Bar No. 00783703