PD-0885&0886-15
PD-0885&0886-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/16/2015 7:11:30 AM
Accepted 7/17/2015 2:42:42 PM
No. ____________ ABEL ACOSTA
CLERK
In the
Court of Criminal Appeals
At Austin
No. 04-14-00878-CR
No. 04-14-00879-CR
In the
Court of Appeals
for the
Fourth District of Texas
at San Antonio
No. 2013CR10841W
No. 2013CR10842W
In the 437th District Court
Bexar County, Texas
MATTHEW DOUGLAS HAYES
Appellant
V.
THE STATE OF TEXAS
Appellee
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE
PETITION FOR DISCRETIONARY REVIEW
July 17, 2015
TO THE HONORABLE COURT OF APPEALS:
APPELLANT, pursuant to TEX. R. APP. P. 68.2(c) moves for an extension of
time within which to file its petition for discretionary review. In support of its
motion, appellant submits the following:
1. Appellant was charged with two felony offenses of aggravated robbery.
2. Appellant pled guilty to the charged offenses and submitted to a pre-
sentence investigation. There was an agreement that the court’s
sentence could not exceed ten years confinement in the Institutional
Division of the Texas Department of Criminal Justice. After a hearing
was held, appellant was sentenced to seven years confinement in the
Institutional Division of the Texas Department of Criminal Justice on
September 9, 2014.
3. A motion for new trial was timely filed. It was overruled by operation of
law. Appellant filed a notice of appeal and subsequently filed a brief
with the Fourth Court of Appeals.
3. In a Per Curium decision, the Fourth Court of Appeals dismissed
appellant’s appeal for lack of jurisdiction on June 10, 2015.
4. By appellant’s calculation, a petition for discretionary review would be
due in this Court on July 10, 2015. However, CaseMail indicates that the
petition is due on July 27, 2015.
5. Out of an abundance of caution, and in the event a mistake was made in
calculating the time, appellant seeks an extension, in accordance with
TEX. R. APP. P. 68.2(c), until July 27, 2015, to file its petition for
discretionary review.
2
WHEREFORE, the Appellant prays that this Court will grant the requested
extension until July 27, 2015.
Respectfully submitted,
/s/MANDY MILLER
Attorney for appellant
2910 Commercial Center Blvd., Ste. 103-201
Katy, TX 77494
SBN 24055561
PHONE (832) 900-9884
FAX (877) 904-6846
mandy@mandymillerlegal.com
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, this certifies that on July 16, 2015, a copy of
the foregoing was delivered to the following addresses:
Amanda Byrd
Amanda.Byrd@bexar.org
Bexar County District Attorney’s Office
Lisa McMinn
State Prosecuting Attorney
lisa.mcminn@spa.state.tx.us
/S/MANDY MILLER
3
Hayes, Matthew Douglas
Combined Opinion