PD-0877-15
PD-0877-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/14/2015 4:32:19 PM
Accepted 7/15/2015 4:46:36 PM
ABEL ACOSTA
NO.
CLERK
COURT OF CRIMINALS APPEALS
AUSTIN
EX PARTE JOSE RICKY ESPINOZA
APPELLANT'S FIRST UNOPPOSED
MOTION TO EXTEND TIME TO FILE PETITION
Now comes Jose Ricky Espinoza, appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to
file a Petition for Discretionary Review. This motion is made according
to Rules 38.6 and 10.5(b) of the Texas Rules of Appellate Procedure and
for good cause appellant shows the Court the following:
I.
The Appellant is not currently incarcerated.
11.
This case is on appeal from the Parker County Court which denied
Appellant habeas relief on April 30, 2015.
Appellant's First Motionfor Extension 1
July 15, 2015
III.
This case was styled "Ex Parte Angel Ricky Espinoza A/K/A Jose
Ricky Angel Espinoza" in the Second Court of Appeals, Appellate Cause
No. 02-15-00074-CR.
Judgment was issued in this matter without briefing on April 30,
2015 after the case was immediately set for review by a panel of the
appellate court. Appellant's Motion for Rehearing was filed May 28 and
disposed of on June 18, 2015. Appellant's deadline to file a Petition for
Discretionary review is July 20, 2015.
IV.
Appellant requests a thirty (30) day extension to file his petition.
This will extend the filing date until Wednesday, August 19, 2015.
V.
Appellant relies on the following facts as good cause for the
requested extension;
Counsel for Appellant is slated for trial Monday July 20 in the
Appellant's First Motion for Extension 2
matter of The State of Texas v. Steven Francisco Webb in the
District Court. Additionally, counsel is set for trial in the matter of The
State of Texas v. Zachariah Browning in the Stephens County Court on
August 10. Counsel ha^ two other pending appellate matters; Whitney
Rogers v. The State of Texas. Notice has been filed in the Second Court
of Appeals. Additionally, counsel represents Steve Mosher on his
Petition for Mandamus of the 89^1^ District Court which will imminently
be filed with the Second Court of Appeals.
Counsel for Appellant has three contested matters set for final
pretrial hearings and which will result in cases being set on the trial
docket: The State of Texas v. Melanie Albright is set in the County
Court of Young County on July 24 and trial on August 26. The State of
Texas v. Derrill Dorsey and The State of Texas v. Tracshawn Davis are
set for pretrial on July 16 in the 89^^ District Court.
Additionally, counsel for Appellant has a case load of dozens of
active, pending cases, both felony and misdemeanor and is scheduled to
be in one of the five courts of Wichita County as well as county and
district courts in over a dozen counties in which he must appear
throughout the remainder of this month and August.
Appellant's First Motionfor Extension 3
VI.
No previous requests for extension of time to file have been sought
or granted.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellant makes
this prayer for extension that the Court grant a thirty (30) day
extension of time until August 19, 2015, and avers that this request is
not done merely for delay, but that justice may be done and, toward
that end, that an informed and concise petition may be filed with this
Court.
Respectfully, submitted,
Todd Greenwood
Attorney at Law
900 Eighth Street
Suite 716
Wichita Falls, Texas 76301
Tel./Fax: (940) 689-0707
/s] Todd Greenwood
Todd Greenwood
State Bar No. 24048111
Appellant's First Motionfor Extension
CERTIFICATE OF CONFERENCE
Prior to the filing of this motion, I made several attempts to confer
with Natalie Barrett, the Parker County Assistant Attorney assigned to
this case. I emailed this request to her office and received no objection
to the extension.
/s] Todd Greenwood
Todd Greenwood
CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing was emailed to the
Parker County Attorney's Office, 1112 Santa Fe Drive, Weatherford,
Texas 76087 on the 13^^ of July 2015 and to the State Prosecuting
Attorney at P.O. Box 13046, Austin, Texas 78711-3046.
/s1 Todd Greenwood
Todd Greenwood
Appellant's First Motionfor Extension
Espinoza, Ex Parte Angel Ricky A/K/A Jose Angel Ricky Espinoza
Combined Opinion