PD-0006-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/2/2015 11:25:43 AM
Accepted 1/9/2015 9:33:48 AM
January 9, 2015 ABEL ACOSTA
No. ____________________________ CLERK
IN THE
COURT OF CRIMINAL APPEALS
for
THESTATE OF TEXAS
__________________________________________________________________
JAMES DOULE BURWELL
Petitioner-Appellant,
V.
STATE OF TEXAS,
Respondent-Appellee
__________________________________________________________________
On Appeal from the Eleventh Court of Appeals of Eastland, Texas
in Cause No. 11-12-00351
On Appeal from the 70th Judicial District of Ector County, Texas
in Cause No. A-39,270
__________________________________________________________________
MOTION TO EXTEND TIME TO
FILE PETITION FOR DISCRETIONARY REVIEW
__________________________________________________________________
DAVID G. ROGERS
Fivecoat & Rogers, PLLC
State Bar No. 00788310
214 West Texas, Suite 811
Midland, Texas 79702
Phone: 432/620-8774
Fax: 432/620-9945
Email: david@fivecoatlaw.com
Attorneys for Petitioner
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes James Doyle Burwell, Petitioner in the above styled and
numbered cause, and moves for an extension of time of 30 days to file a petition
for discretionary review, and for good cause shows the following:
1. On November 20, 2014, the Court of Appeals affirmed Petitioner’s
conviction. See James Doyle Burwell v. State, 2014 WL 6603422 (Tex. App.-
Eastland) 2014. Petitioner’s petition for discretionary review was due to be filed
on or before December 22, 2014.
2. Counsel has been unable to complete and file the petition for the
following reasons: Counsel was officially retained by Petitioner to assist in this
matter on December 23, 2014, and Counsel was in a full day mediation on that
same day. Counsel’s law firm was closed over the Christmas Holidays from
December 24, 2014, through December 26, 2014. Additionally, Counsel’s law
firm had an early closing due to inclement weather on December 30, 2014, and
was closed on December 31, 2014, for the same reasons. Counsel’s law firm was
also closed on January 1, 2015, for New Year’s Day.
3. Petitioner is currently incarcerated in the Texas Department of
Criminal Justice serving a life sentence without parole.
4. Petitioner did not file a Motion for Rehearing in the Appellate Court,
and he has not requested any extensions to file a petition for discretionary review
with this Court.
5. Petitioner Defendant files this request pursuant to Texas Rules of
Appellate Procedure 68.2(c) and Rule 10.5
WHEREFORE, PREMISES CONSIDERED, Petitioner James Doyle
Burwell respectfully requests this Court to grant an extension of 30 days, i.e. until
February 4, 2015, to file his petition for discretionary review.
Respectfully submitted,
FIVECOAT & ROGERS PLLC
214 W. Texas Ave Ste. 811
Midland, Texas 79701
(432) 620-8774 (Tel)
(432) 620-9945 (Fax)
By: /s/ David G. Rogers
David G. Rogers
State Bar No. 00788310
david@fivecoatlaw.com
Attorney for James Doyle Burwell
Certificate of Compliance
In accordance with Rules 9.4(e) and (i) of the TEXAS RULES OF APPELLATE
PROCEDURE, the undersigned attorney of record certifies that this Motion to Extend
Time to File Petition for Discretionary Review contains 14-point typeface for the
body of the motion, contains 535 words, excluding those words identified as not
being counted in Rule 9.4(i)(1), and was prepared on Microsoft Word 2010.
/s/ David G. Rogers
David G. Rogers
CERTIFICATE OF SERVICE
This is to certify that on January 2, 2015, a true and correct copy of the
above and foregoing document was served on the Mr. Michael Bloch, Ector
County District Attorney's Office, 300 N. Grant, Odessa, Texas 79761, by E-mail
at MICHAELBLOCH@ectorcountytx.gov.
/s/ David G. Rogers
David G. Rogers