Daniel Wayne McLemore v. State
Daniel Wayne McLemore v. State
Opinion
Ex Parte From The 402nd District Court
in
Daniel Wayne Mclemore 19- |4-0oSl£w< od County,Texas
MX NCOURT OF APPEALS Ifcr Couflof Appeals Ostrici
Petition For Time Extension
To The Honorable Twelfth (12) Court of Appeals: Nowcomes,Daniel Wayne Mclemore,hereafter known as the PETI TIONER do present this PETITION FOR A TIME EXTENSION and this "PETITION" should be "GRANTED" based on the henceforth reasons, the Petitioner shall direct the Honorable Said Court's attention to the following:
The Petitioner contends that he pled guilty in Cause No.22/0 01-2013 for the said offense of Attempted Capital Murder of a Peace Officer/Fireman punishment was assessed at nineteen (19) years; Cause No.22,oo2-2013 for the said offense of Attempted Capital Murder of a Peace Officer/Fireman punishment was assessed at nine (1) teen (19) years;'Cause No.22,003-2013 for the said offense of ^&e-fc<^LJ^>^<Ju^A : punishment assessed at ten (10) years;Cause No.22/004-2013 for the said offense of Aggra vated Assault with a Deadly Weapon punishment assessed at ten (10) years ;and vCause No. 22,005-2013 D^ali^/ 0>CQcJi<of hment assessed at ten (10) years;
II.
The Petitioner contends that his appellate Counselor filed an Anders Brief(Anders v. California 386 U.S.738),and filed a motion to withdraw as Petitioner's counselor on appeal (Stafford v- State 813 S.W.2d 503,511),please see,Jeffery v. State 903 S.W.2d 776,778 and Johnson v. State 885 S.W. 2d 641,645-646. The Petitioner con tends that the Honorable Twelfth (12) Court of Appeals granted his appellate counselor's Anders Brief,and informed the Petitioner that he could file a PRO SE appellate brief on his own;
III.
The Petitioner contends that he could like to exercise his right to file a "PRO 'SE" appellate brief for the following Cause Numbers:22,001-2013;22,002-2013,22,003-2013,22,004-2-13;and 22,005 -2013,however,the Petitioner could not file an effective or mean ingful appeal because he lacked and was in want of the trial court's records and documents for those said cause numbers. The Petitioner contends that when he states the trial court's records and docu ments for the said cause numbers he means the Statement of Facts; all motions that was filed;jury selection(VOIR DIRE),all witnesses' statements(STATE & DEFENSE),medical reports,police offense report, and ALL other records and documents that the court deems as relevant (2) to the appeal.
Relief
The Petitioner humbly seeks and requests this Honorable Court to "GRANT" this Petition For A Time Extension by extending his deadline until the end of next month(January 2016) because he could not file an effective and meaningful Pro'se brief without the said trial court records and documents,therefore,along with extending :the deadline to file his Pro se appeal brief then order the clerk of the said District Court to prepare a copy of the said requested trial court records and send that copy to the Petitioner
Prayer The Petitioner prays that this Honorable Twelfth (12) Court of Appeals would please be lenient on him do to the fact he is a layman of/in the law,and "GRANT" him the desired results that he seeks,that would be in the Best Interest of JUSTICE.
RESPECRFULLY SUBMITTED,
Mr. Daniel Wayne Mclemore#1965778
Dolph Briscoe Unit 1459 West Highway 85 Dilley,Texas 78017
Case-law data current through December 31, 2025. Source: CourtListener bulk data.