/ U/Y PD-0070-15

FILED IN (Otf-fl/^^^ (\ (\ .COURT OF CRIMINAL APPEALS

COURT OF CRIMINALAPPEALS V-\ |\ M\ ]]/ AUSTIN, TEXAS

I H "U IL^O^Transmitted7/16/20156:02:21 pm

July 17, 2015 I JWY^ AcC6pted 7/17/2°J4?:2^3cx^ No. PD-0070-15 \nU ABELAcleSrk

ABELACOSTA, CLERK T , TV

In the v

Court of Criminal Appeals

Of the State of Texas

MOTION TO EXTEND TIME TO FILE APPELLANT'S PDR BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Donald Lynn Ramsey, Appellant in the above styled and

numbered cause, and moves this Court to grant an extension oftime to file

appellant's brief, pursuant to Rule 38.6 ofthe Texas Rules of Appellate Procedure,

and for good cause shows the following:

1. This case is on appeal from the 242nd Judicial District Court of Swisher

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. DONALD LYNN

RAMSEY, and numbered B-4502-13-07.

3. Appellant was convicted of Forgery, as a Felony offense.

4. Appellant was assessed a sentence offive (6) years confinement in the

Institutional Division ofTDCJ.

5. Written Notice of appeal was given on June 30, 2014.
6. The clerk's record was filed on August 25, 2014; the reporter's record was

filed on August 25, 2014.

7. The ruling ofthe Trial Court was overturned by the Seventh Court of

Appeals by a Memorandum Opinion on December 17, 2014.

8. The State filed for a Petition for Discretionary Review on January 29,

2105.

9. PDR was granted on May 13, 2015.

10. State's Brief on the Merits for the PDR was filed on June 15, 2015.

11. The Defense Brief on the Merits is presently due as ofJuly 15, 2015.

12. Appellant requests an extension oftime of 2 days to complete the

required Appellant's Brief.

13. Appellant's Brief on the Merits is being filed contemporaneously with

this motion as required by this Honorable Court's notice.

9. No previous extension to file this brief has been filed.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested

extension:

Troy Bollinger was appointed to represent the Appellant in the present

case. Appellant's needed a briefadditional time to directly correlate issues and

facts to State's contentions.
Defense Briefis done and beingfiled today.

Appellant's has received all the materials neededfor the appeal and has

resolved all issues satisfactorily. Movant requests an extension only to allow this

Honorable Court to receive the work already completed.

12. This request is made not for the purpose of delay, but to see that justice

is done.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Court grant this Motion to Extend Time to File Appellant's Brief, and for such

other as the Court may deem appropriate.

Respectfully submitted,

By: /s/ TROYBOLLINGER

Troy Bollinger

State Bar ID Number: 24025819

600 Ash Street

Plainview, TX, 79072

Telephone: 806-293-2618

Facsimile: 806-293-8802

troy@lanevbollinger.com

Attorney for Appellant
CERTIFICATE OF SERVICE

Pursuant to Tex. R. App. Pro. R. 9.5(a) & (e) and 68.11,1 certify that on or

before July 17, 2015, Appellate Counsel served a copy ofthe attached document to

the District Attorney's Office for Swisher County and the State's Assistant

Prosecuting Attorney, and mailed a copy to Appellant, Donald Ramsey.

/s/Troy Bollinger .

TROYBOLLINGER

Counselfor the Appellant