PD-0033-15
COURT OF CRIMINAL APPEALS
PD-0033-15 AUSTIN, TEXAS
Transmitted 1/6/2015 9:10:26 AM
Accepted 1/14/2015 6:44:38 PM
NO. PD- [NOT YET ASSIGNED]-15 ABEL ACOSTA
CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
JOHNNY RUIZ,
JANUARY 14, 2015
Appellant
vs.
THE STATE OF TEXAS,
Appellee
Seeking review of an opinion from the Court of Appeals for the Fifth
District of Texas at Dallas in No. 05-13-00918-CR
STATE’S MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
COMES NOW, THE STATE OF TEXAS, pursuant to TEX. R.
APP. P. 68.2(c), and in compliance with TEX. R. APP. P. 10.5(b),
respectfully requesting an extension of time to file the State’s
Petition For Discretionary Review. In support of this motion, the
State would show the following:
On November 5, 2014, the Court of Appeals for the Fifth
District of Texas at Dallas reversed the judgment of the trial court
and acquitted Appellant in Trial Court Cause No. F1235122-K,
Appellate Court Cause No. 05-13-00918-CR. The State timely filed
a Motion for Rehearing and it was denied on December 5, 2014.
The State’s Petition for Discretionary Review is presently due on
January 5, 2015. But for reasons of the closings of the Dallas
County Criminal District Attorney’s Office for the Christmas and
New Year holidays, and the undersigned attorney’s absence from
the office due to an injury, the State’s petition cannot be prepared
for filing on the present due date. Therefore, the State respectfully
requests an extension of 30 days, or until February 4, 2015, to file
the State’s petition.
Respectfully submitted,
/s/Patricia Poppoff Noble
SUSAN HAWK PATRICIA POPPOFF NOBLE
District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 15051250
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3634
pnoble@dallascounty.org
CERTIFICATE OF SERVICE AND WORD COUNT
I hereby certify that a true copy of the foregoing motion was
served on, Assistant Public Defender Julie Woods, attorney for
Appellant by TexFile.Gov and by hand delivery on January 6, 2015.
I hereby further certify that the length of this motion is 330
words using Microsoft Word 2010.
/s/Patricia Poppoff Noble
PATRICIA POPPOFF NOBLE