PD-0673-15 No. PD-

KECff^D IN IN THE COURT OF CRfPJNAL APPEALS COURT OF CRIMINAL APPEALS OF, TEXAS J[}^ 19 2015 AbelAcosta.Cterk JAMARIOS LECHRISTOPHER CANTON, Appellant-Petitioner

THE STATE OF TEXAS, Appellee-Respj^gcgtJ |\| COURT OF CRIMINAL APPEALS On Petition Seeking Discretionary Review Of Court Of Appeals No. 12-12-00118-CR JUN 19 2015 Court Of Appeals For The Twelfth Court Of Appeals District Affirming The Conviction And Sentence In A.

Trial Court Case No. F1017409 Out Of ADel Acosta, Clerk The 145th Judicial District Court Of Nacogdoches County, Texas PETITIONER'S MOTION REQUESTING AN EXTENSION OF TIME FOR FILING HIS PRO SE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF THE COURT: INTO COURT comes Jamarios LeChristopher Canton ("Canton"), Petitioner pro se in this case, and respectfully moves this Court to grant him an extens ion of time in which to file his petition for discretionary review ("PDR"), of the decision and judgment of the Twelfth Court of Appeals, entered on December 20, 2012, in No. 12-12-00118-CR, affirming the trial court's judgment in Cause No. F1017409 rendered by the 145th Judicial District Court of Nacogdoches Coun ty, Texas. In support of this motion, Canton offers the following: I.

Canton had applied for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure and in a per curiam Opinion this Court ordered that Canton "is granted an opportunity to file an out-of-time petition for dis cretionary review...." Ex parte Cantonf No. WR-81,430-02 (Tex. Grim. App* April 22, 2015). Canton will seek review of the Court of Appeals' judgment, that was -1- rendered and entered by the Twelfth Court of Appeals. See Canton v. State, 2012 WL6674421 (Tex.App.-Tyler Dec. 20, 2012). This Court has allowed for Canton to file his PDR "Vithin 30 days of the date on which this Court's mandate issues."

Fx parte Canton. No. HR-81,430-02 (Tex.Crim.App. S&b. 22, 2015) (per curiam).

This Court's mandate issued on May 18, 2015; accordingly, Canton has until June 17, 2015, to submit his PDR to this Court. Canton seeks an extension of 60 days, up to and including Sunday, August 16, 2015, to submit his petition.

II.

On May 28, 2015, Canton submitted his APPELLANT-PETITIONER'S MOTION TO RE VIVE AND REINSTATE HIS PREVIOUSLY FILED PETITION FOR DISCRETIONARY REVIEW, seek ing to have the PDR that had been submitted on March 22, 2013, and dismissed by the Court as having been "untimely filed," reinstated as the "live" petition.

Canton asks for a sixty-day (60) extension so that the Court will be given sufficient time to consider and rule on the motion to reinstate. Alternatively, if the Court overrules or denies Canton's motion to reinstate, the extension al so will provide Canton with the time he will need to prepare another petition by copying the carbon copy of the original PDR in his files; and to have the exhib its contained in the APPENDICES xeroxed.

III.

This is Canton's first request for an extension of time following the ren dition and entry of the Court's April 22, 2015, per curiam Opinion granting Can ton an opportunity to submit an out-of-time PDR. However, prior to submitting a PDR in the first instance on March 22, 2013, Canton had requested, and was gran ted an extension of time.

Canton apologizes to this Court for the necessity of this extension, and he certifies that he does not request it for the purposes of delay, or to harass the Appellee-Respondent, and he believes that any extensions will not prejudice the State.

PRAYER

-2- WHEREFORE, PREMISES CONSIDERED, Canton respectfully prays that this Honor able Court will grant him an extension of sixty (60) days, up to and including Sunday, August 16, 2015, for submitting his PDR to this Court.

Respectfully submitted,

KMARIOS L. CANTON, pro se Robertson Unit, TDCJ No.1771951 12071 FH 3522 Abilene, Texas 79601-8799

VERIFICATION BY UNSWORN DECLARATION I, Jamarios L. Canton, TDCJ-CID No. 1771951, being presently incarcerated at the Robertson Unit of the Correctional Institutions Division of the Texas De partment of Criminal Justice, located in Jones County, Texas, declare under pen alty of perjury that the foregoing is true and correct.

EXECUTED on this, the ELEVENTH day of JUNE, 2015.

&44U$&^6<U?L t JAMARIOS L. CANTON CERTIFICATE OF SERVICE I, Jamarios L. Canton, Petitioner pro se, do hereby certify that a true and correct carbon copy of the above and foregoing PETITIONER'S MOTION REQUEST ING AN EXTENSION OF TIME FOR FILING HIS PRO SE PETITION FOR DISCRETIONARY RE VIEW, has been served on the following individuals by regular U.S. Postal Ser vice first class mail, by depositing same enclosed in a postpaid and properly addressed envelope, into the prison's internal Legal Mail System, under the es tablished Prison Mailbox Rule, on the TWELFTH day of_JUNE, 2015, mailed to: Ms. Nicole Lostracco, Esq.

Nacogdoches County District Attorney Nacogdoches County Courthouse West Main Street, Suite 250 Nacogdoches, Texas 75961 and to; Hon. Lisa McMinn, Esq.

State Prosecuting Attorney P.O. Box 13046 -- Capitol Station Austin, Texas 78711-3046

c JAMARIOS L. CANTON

-4- JAMARIOS L. CANTON 1771951 Robertson Unit 12071 FM 3522 Abilene, Texas 79601-8799 RECEIVED IN June 11, 2015 COURT OF CRIMINAL APPEALS Honorable Abel Acosta, Clerk JUN 172015 Texas Court of Criminal Appeals P.O. Box 12308 — Capitol Station Austin, Texas 78711-2308 Abel Acosta, Clerk RE: Court of Criminal Appeals No. Court of Appeals No.12-12-00118-CR Trial Court Case No. F10&7409 STYLE: Jamarios LeChristopher Canton v. The State of Texas Dear Mr. Acosta: Please find enclosed the original only of my PETITIONER'S MO TION REQUESTING AN EXTENSION OF TIME FOR FILING HIS PRO SE PETI TION FOR DISCRETIONARY REVIEW, for filing among the papers in the above referenced action.

Be advised that I have forwarded carbon copies of same to Ms. Nicole Lostracco, Esq., the District Attorney of Nacogdoches Coun ty, and to Ms. Lisa McMinn, Esq., the State's Prosecuting Attorney at their respective offices, under cover of a carbon copy of this letter.

Once again I thank you so much, in advance, for your kind and patient assistance with this matter** Very respectfully, I remain, Your obedient servant,

MARIOS L. CANTON, pro se JLC/grs cc: Ms. Lisa McMinn, Esq.

Ms. Nicloe Lostracco, Esq.

Mr. Gordon R. Simmonds Enclosure: As stated above