PD-0543-15
PD-0543-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 8, 2015 Transmitted 5/7/2015 3:18:02 PM
Accepted 5/8/2015 10:33:41 AM
ABEL ACOSTA
No. ____________________ CLERK
In the Texas Court of Criminal Appeals
________________________________
SRIHARI AVULA, Petitioner
V.
THE STATE OF TEXAS, Respondent
__________________________________________________________________
On Petition for Discretionary Review from the Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00405-CR
__________________________________________________________________
Trial Court:
380th District Court of Collin County, Texas
Cause No. 296-80285-2012
__________________________________________________________________
PETITIONER’S UNOPPOSED MOTION FOR ADDITIONAL
TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
__________________________________________________________________
TO THE HONORABLE JUSTICES OF THE TEXAS COURT OF CRIMINAL
APPEALS:
Srihari Avula, the petitioner, respectfully moves this Court for additional time
to file his petition for discretionary review, and in support thereof, would
respectfully show the following:
INTRODUCTION
1. On January 30, 2015, in that matter styled No. 05-13-00405-CR, Srihari Avula
v. The State of Texas, the Court of Appeals, Fifth District of Texas at Dallas,
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affirmed the petitioner’s conviction in all respects for the offense of driving
while intoxicated with a child passenger younger than 15 years of age.
2. On March 19, 2015, the petitioner filed in the court of appeals Appellant’s
Motion for Rehearing and Motion for En Banc Reconsideration. On March
19, 2015, the court of appeals denied the petitioner’s motion for rehearing.
On April 7, 2015, the court of appeals denied the petitioner’s motion for en
banc reconsideration.
3. Under TRAP 68.2(a), the first PDR “must be filed within 30 days after either
the day the court of appeals’ judgment was rendered or the day the last timely
motion for rehearing or timely motion for en banc reconsideration was
overruled by the court of appeals.”
4. The petitioner’s PDR is due to be filed May 7, 2015.
ARGUMENT
5. Under TRAP 68.2(c), “The Court of Criminal Appeals may extend the time
to file a petition for discretionary review if a party files a motion complying
with Rule 10.5(b) no later than 15 days after the last day for filing the
petition.”
6. The basis of this motion is the following:
a. The petitioner’s attorney’s daughter is disabled and has significant
medical problems, including chronic asthma. The undersigned lives in
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Dallas and his daughter lives in Tyler. For approximately the past three
months, it has been necessary for counsel to spend a considerable
amount of time in Tyler. This family commitment has required that
counsel work a limited schedule.
b. The undersigned has chronic bronchitis. During the period December
2014 through February 2015, then again from March 2015 through the
present, the undersigned has been required to work a limited schedule
because of illness.
7. The state does not oppose this motion.
8. This Court has granted no previous extension of the time to file a petition for
discretionary review in this case.
9. This motion is not brought for the purpose of delay only, but so that justice
may be done. Neither party would be unfairly prejudiced should the Court
grant this motion, and the length of the delay in filing the PDR will not
adversely affect these proceedings.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the petitioner prays that the
Court grant this motion, in all matters, and thereby extend the time for him to file
his PDR to July 6, 2015 (60 days). The petitioner also prays for such other and
further relief, at law or in equity, to which he may show himself entitled.
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Respectfully submitted,
/s/ Jon A. Haslett
Jon A. Haslett
Texas Bar No. 00795141
Law Office of Jon A. Haslett
4475 Trinity Mills Road, Box 701599
Dallas, Texas 75370-1599
(214) 287-3133
Jon.Haslett@hotmail.com
Attorney for Petitioner
CERTIFICATE OF CONFERENCE
On May 7, 2015, I conferred via email with Andrea L. Westerfeld, counsel for
the respondent, The State of Texas. Ms. Westerfeld stated that the respondent does
not oppose this motion.
/s/ Jon A. Haslett
CERTIFICATE OF SERVICE
Pursuant to TRAP 9.5(a), I hereby certify that on May 7, 2015, I served a true,
complete, and correct copy of the foregoing Petitioner’s Motion for Additional Time
to File Petition for Discretionary Review, via electronic filing, on the following:
John R. Rolater, Jr., via email to JRolater@co.collin.tx.us
Andrea L. Westerfeld, via email to AWesterfeld@co.collin.tx.us
Collin County District Attorney’s Office
Attorneys for Respondent
/s/ Jon A. Haslett
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