PD-0745-15
PD-0745-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/17/2015 10:26:13 PM
Accepted 6/19/2015 2:00:11 PM
ABEL ACOSTA
NO. _____________________________ CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
CAUSE NO. 13-13-00369-CR
(Transfer Case No. 05-13-00765-CR)
__________________________________________________________________
APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
OF OPINION AND JUDGMENT IN CAUSE NO. 13-13-00369-CR
(Transfer Case No. 05-13-00765-CR) ABOUT THE JUDGMENT IN
CAUSE NO. NO. 219-8193-2012 FROM THE 119th DISTRICT COURT
OF COLLIN COUNTY, TEXAS
__________________________________________________________________
JOSE ANGEL LERMA, Appellant
June 19, 2015 VS.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
__________________________________________________________________
COMES NOW, JOSE ANGEL LERMA, APPELLANT, by and through his
attorney, Derek M. Harkrider, and files this first unopposed motion for extension
of time to file a Petition for Discretionary Review (PDR), and in support thereof
would show as follows:
1. This is an appeal from the 119th Judicial District Court of Collin
County, Texas. On August 16, 2012, a grand jury in Collin County, Texas
returned and filed a True Bill of Indictment against the Defendant, Jose Angel
Lerma, charging him with Driving While Intoxicated (DWI), a third degree felony.
On May 1, 2013, a jury found the Defendant guilty of the offense of Driving While
Intoxicated (DWI), a third degree felony. The Appellant was sentenced by the trial
court to ten (10) years imprisonment, however the sentence was suspended and the
defendant was placed on community supervision for seven years.
2. The Defendant appealed the conviction and sentence to the Court of
Appeals for the Fifth District of Texas at Dallas. Pursuant to Texas Government
Code § 73.001, the Supreme Court ordered the transfer of the case to the Thirteenth
Court of Appeals for the purpose of equalizing the dockets. After briefs were filed
by the Appellant and the State, on April 23, 2015, the Thirteenth Court of Appeals
issued a Memorandum Opinion affirming the trial court’s judgment. Appellant
timely filed a Motion for Rehearing, and Alternatively, Motion for Rehearing En
Banc. On May 21, 2015, the Thirteenth Court of Appeals denied the motions for
rehearing. Accordingly, the deadline to file a Petition for Discretionary Review is
on June 20, 2015.
3. The Appellant desires to file a Petition for Discretionary Review
(PDR). Although Derek Harkrider had been hired by Appellant to represent him
before the Thirteenth Court of Appeals, Mr. Harkrider was not initially contracted
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to represent Appellant to draft and file a PDR with the Court of Criminal Appeals
of Texas. On Monday, June 15, 2015, Mr. Harkrider was hired by Appellant to
draft and file a PDR and represent the Appellant in proceedings before the Court of
Criminal Appeals of Texas.
4. Because Mr. Harkrider was just recently hired for appellate
proceedings before the Court of Criminal Appeals, he needs additional time in
order to research, draft and file a PDR. At this time, Appellant requests an
extension of time of an additional 30 days from the original deadline (June 20,
2015), which would be until July 20, 2015, in order to file a PDR with this Court.
5. Pursuant to Rule 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. The Appellant has filed this Motion for Extension of Time within the
requisite time period. Therefore, the Appellant requests that the Court of Criminal
Appeals to extend his time to file the PDR for an additional 30 days after the
original deadline.
6. This is the FIRST request for extension of time or motion for leave to
file PDR requested by the Appellant. Accordingly, no prior extensions have been
granted.
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7. The State of Texas, Appellee, is UNOPPOSED, regarding this motion.
8. This motion is not requested for the purpose of delay, but so that
justice may be done.
WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully
requests the honorable Court to grant an extension of thirty (30) days from the
original deadline (June 20, 2015) to file a Petition for Discretionary Review, which
would be an extension of time until July 20, 2015.
Respectfully submitted,
/s/ Derek M. Harkrider
DEREK M. HARKRIDER
Attorney at Law
harkriderlaw@gmail.com
TBN: 24000601
P.O. Box 524138
Houston, Texas 77052
(956) 318-0099 Telephone
(956) 318-0877 Facsimile
Counsel for Appellant
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CERTIFICATE OF SERVICE
I, DEREK M. HARKRIDER, hereby certify that on June 17, 2015, a true
and correct copy of the foregoing document has been forwarded via electronic
delivery to the State’s counsel of record, District Attorney Hon. Greg Willis, and
Hon. John Rolater and Hon. Libby Lange, Appellate Division, at 2100 Bloomdale
Road, Suite 100, McKinney, Texas 75071.
/s/ Derek M. Harkrider
DEREK M. HARKRIDER
CERTIFICATE OF COMPLIANCE
I hereby certify, pursuant to Texas Rule of Appellate Procedure 9.4(i)(3),
that the foregoing motion conforms with Texas Rule of Appellate Procedure 9.4, in
that this brief is a computer generated document created in Corel Wordperfect X5,
is printed in a conventional typeface, to-wit, New Times Roman, in 14-point font,
and the computer generated word count of the parts of this motion to be counted
according to Rule 9.4(i)(1) is 618 words, excluding the caption, signature block,
certificate of compliance and certificate/proof of service. Therefore, this document
complies with the word count requirements as it does not exceed 15,000 words.
/s/ Derek M. Harkrider
DEREK M. HARKRIDER
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Lerma, Jose Angel
Combined Opinion