No. PD-0290-15

In the

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 John Dennis Clayton Anthony, Appellant in the above styled 

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

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

and for good cause shows the following:

1. This case is on appeal from the 287th Judicial District Court of Bailey 

County, Texas on May 21, 2015.

2. The case below was styled the STATE OF TEXAS vs. JOHN DENNIS 

CLAYTON ANTHONY, and numbered 2557.

3. Appellant was convicted of Sexual Assault of a Child, as a Felony 

offense.

4. Appellant was finally assessed a sentence of confinement for life in the 

Institutional Division of TDCJ.

PD-0290-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/20/2015 12:00:00 AM

Accepted 7/20/2015 7:57:12 AM

ABEL ACOSTA

CLERK
5. The ruling of the Trial Court was overturned by the Seventh Court of

Appeals in the opinion (to be) published: Anthony v. State, 07-13-

00089-CR, (Tex. App. – Amarillo – 2015).

6. The State filed for a Petition for Discretionary Review on March 18,

2105.

7. PDR was granted on May 20, 2015.

8. State’s Brief on the Merits for the PDR was filed on June 15, 2015.

9. Upon receiving the State’s Brief on the Merits, the Appellant created and

presented to this Honorable Court with two separate substantive

Motions to Supplement the record in this case. Each requested the

inclusion of materials not included in the records. These materials are

relevant to the Defense and directly responsive to the State’s

contentions. These motions were filed on June 30, 2015.

10. This Honorable Court denied both motions on July 9, 2015.

11. The Defense Brief on the Merits is presently due as of July 20, 2015.

12. Appellant requests an extension of time of 30 days to complete the

required Appellant’s Brief.

13 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 on May 21, 2015 (once the State’s requested PDR was granted). 

Appellant’s previous appellate attorney (for the initial appeal) was allowed to

withdraw for medical reasons and has since retired. Thus, Appellate Counsel

does not have the depth of exposure normal in most cases to reach this point. 

Counsel first saw any materials relevant to this case less than 60 days ago. 

Appellant’s requests to ensure the thorough concentration this very serious case

deserves.

Having identified the primary issues in the required briefing, Appellant

created requested to supplement the record in this matter. This request was

denied ten (10) days ago. Denial of those requests has required a restructure of

the Defense approach from the “ground up”.

Appellant's has received all the materials that will be available for the

appeal and has proceeded in the presentation. Movant requests an extension

only to Appellant the detail and attention thorough representation requires.

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/ TROY BOLLINGER

Troy Bollinger

State Bar ID Number: 24025819

600 Ash Street

Plainview, TX, 79072

Telephone: 806-293-2618

Facsimile: 806-293-8802

troy@laneybollinger.com

Attorney for Appellant
CERTIFICATE OF SERVICE

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

before July 20, 2015, Appellate Counsel served a copy of the attached document to

the District Attorney’s Office for Bailey County and the State’s Assistant

Prosecuting Attorney, and mailed a copy to Appellant, John Dennis Clayton

Anthony.

_/s/ Troy Bollinger .

TROY BOLLINGER

Counsel for the Appellant