PD-0035-15
COURT OF CRIMINAL APPEALS
PD-0035-15 AUSTIN, TEXAS
Transmitted 1/6/2015 4:57:32 PM
Accepted 1/15/2015 3:37:50 PM
PDR NO. ABEL ACOSTA
CLERK
IN TIIE COURT OF'CRIMINAL APPEALS
DANIEL DIAZ, Appellant
vs. JANUARY 15, 2015
THE STATE OF TEXAS, Appellce
On Appeal from thc 253RD Judicial l)istrict Court
Liberty County, Texas
Trial Court Cause No. CR29411
And
The Court of Appeals for the Ninth Judicial District of Texas
Beaumont, Texas
No. 09-13-00104-CR
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE I]ONORABL]] JUSTICES OF SAID COURT:
COMES NOW, DANIEL DIAZ, Appellant and files this, his Molion 1o
Extend Tirne to File Petitior.r for Discretionary Review for thirty (30) days and for
good cause would show the Court as follows:
t.
On Irebruary 28, 2013, the appellant was convicted of the offense of
Official Oppression in the 253'd Judicial District Court of Liberty County, Texas
in Cause No. CM941l. 'l-his case was styled State of 1-exas v. Daniel Diaz. The
appellant rvas assessed a punishment of one year in the Liberty County Jail
facility. The notice of appeal was timely filed on March 1, 2013.
On October 22,2014, the Court of Appeals for the Ninth Judicial District,
Beaumont, Texas, affirmed the conviction in Cause No. 09-13-00104-CR.
Appellant filed a Motion for Rehearing on Novetnber 2t,2014. This motion was
overruled on December I0,2014. The Petition for Discretionary Review is due on
January 9,2015.
II.
Appellant requests an extension based upon the following facts:
Counsel was hired by the Appellant in late Decetnber of 2014 to submit a
pelition for discretionary review in this cause. Counsel is looking at this case for
the first time, as other attorneys conducted the trial as well as the direct appeal in
the Court of Appeals for the Ninth Judicial District. Counsel needs additional time
1o review the record on appeal, review the briefs filed in the Court ofAppeals, and
to flush out the issues involved in this case.
'I'his rnotion is nrade pursuant to Tex. R. App. Proc. 68.2(c), additionally
cornplying with Rule 10.5(b) (filed no later than 15 days after the last date for
filing the rnotion).
WI-IEREFORE, PREMISES CONSIDERED, appellant respectfully prays
that the court grant this rnotion and extend the time for filing his Petition for
Discretionary Review for thirty days liorn January 9, 2015 to February 9.2015'
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Rcspcctfully submitted,
WENDELL A. ODOM,
Tcxas Bar No. 15208500
440 Louisiana Street, Suite 200
Houston, Texas 77002
(713)223-ss7s
(713) 224-281s FAX
CERTIFICATE OF SERVICE
I hereby cedify that a true and correct copy of the foregoing Motion was
delivered to the Court of Appeals, a copy being sent to the Assistant District
Attorney in this cause by electronic transmission.
ilkW
WENDELL A. ODOM, JR.
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S'IATE OF TEXAS s
s
COUNTY OF I{ARRIS s
On this day personally appeared WENDELL A. ODOM, JR., who slated under
oath as follows:
"My name is WENDELL A. ODOM, JR. I arn 1he allorney of record for the
Appellant in this cause. I have read the foregoing Motion for an Extcnsion of Time to File
Pctition for Discretionary Review, and swear that thc nattcrs contained in such motion are
true and corecl. "
WDNDELLA. ODOM,
SWORN TO AND SUBSCRIBED before me on this the
r/,
';/d ay of
ryrU 2015, to which witness my hand and seal of office
a
MARY C MOORE OTARY UBLI IN AND F'OR
NOTARY FUBLIO. STATE OF TEXAS
MY COMMISSION EXPIRES THE ST E OF'TEXAS
SEPT. 3, 2016
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IN THE COI]ITT OF CRIMINAL APPEALS
DANIEL DIAZ, s
Appellant s
s PDRNO.
$
vs. s COURT OF APPEALS NO.
s 09-13-00104-cR
THE STATE OF TEXAS, $ TRIAL DOCKET NO. CR294I1
Appellec s
ORDER
On this day came on to be heald Appellant's Motion for Extension of Timc to Filc
Pctition for Discretionary Rcvicw.
It is the opinion of this Court thal the Motion to Extend Time to File Pctition for
Discrctionary llcview should be and is hereby GRANTED, and it is therefore
ORDERB,D, ADJUDGED and DECREED that the Appellant's Petition for Discretionary
Review is due to be filed in this Court on day of 201s
SIGNED on this the day of 2015
JUDGE PRESIDING
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