PD-0074-15
PD-0074-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/20/2015 12:38:13 PM
January 22, 2015
Accepted 1/22/2015 2:55:04 PM
ABEL ACOSTA
Cause No. PD______________ CLERK
No. 12-13-00033-CR (12th COA)
LARRY JOE SMITH § IN THE COURT
Petitioner §
§
vs. § OF CRIMINAL APPEALS
§
THE STATE OF TEXAS §
Respondent § FOR THE STATE OF TEXAS
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE A PRO SE PETITION FOR DISCRETIONARY REVIEW
PURSUANT TO TEX. R. APP. PROC. 68.2(c)
TO THE HONORABLE COURT:
Now comes Austin Reeve Jackson, counsel for Petitioner in the Twelfth
Court of Appeals in the above entitled and numbered cause, and makes this Motion
For Extension of Time to File a Pro Se Petition for Discretionary Review, on
behalf of Appellant, who is unable to do so, and for good cause shows the
following:
I.
The Twelfth Court of Appeals returned an opinion affirming Appellant’s
conviction in this matter on 17 December 2014. Smith v. State, 12-13-00033-CR
(Tex.App.—Tyler 2014). No Motion for Rehearing was filed in that court.
Consequently, a Petition for Discretionary Review, if any, is to be filed by 16
January 2015.
II.
Although Petitioner was timely notified of his right to pursue a Petition for
Discretionary Review, and although that notification included informing Petitioner
that he would need to file that petition without representation from undersigned
counsel, counsel has nonetheless received today, 20 January, a letter from Mr.
Smith indicating he does in fact desire to pursue a PDR and requesting counsel to
do so on his behalf. This letter was dated by Mr. Smith 12 January and post-
marked 13 January indicating that he was attempting to make some filing prior to
the expiration of the 16 January deadline.
Counsel is today again informing Mr. Smith that undersigned counsel cannot
represent him in this matter and again discussing with him his right to proceed pro
se or with retained counsel. Because counsel did not received Mr. Smith’s letter
until after the 16 January deadline had run, and because, therefore, no repose could
be make before the 16th, counsel would respectfully request on behalf of Mr.
Smith and extension of thirty days for him to file a PDR should he still desire to do
so.
WHEREFORE, PREMISES CONSIDERED, undersigned counsel
respectfully prays that, in accordance with the applicable law, the Court grant this
Motion and extend the time by which to have a Petition for Discretionary Review
filed by thirty days.
Respectfully submitted,
/s/Austin Reeve Jackson
Texas Bar No. 24046139
JLawAppeals@gmail.com
112 East Line, Suite 310
Tyler, TX 75702
Telephone: (903) 595-6070
Facsimile: (866) 387-0152
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
document was served on counsel for the State by facsimile concurrently with its
filing.
/s/Austin Reeve Jackson