, FILED IN PD-0330-15
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/8/2015 11:08:03 PM
July 9, 2015 Accepted 7/9/2015 5:01:42 PM
ABEL ACOSTA
CLERK
ABELACOSTA. CLERK
PD-0330-15
COURT OF CRIMINAL APPEALS OF TEXAS
JAY SANDON COOPER
v.
rA- ^
STATE OF TEXAS
MOTION TO EXTEND TIME TO FILE MOTION FOR REHEARING
NOW COMES JAY SANDON COOPER, and makes this first motion to
extend the time to file a motion for rehearing. In support thereof, Mr. Cooper
shows:
1. This Court refused Defendant's Petition for Discretionary Review on June
24, 2015. Fifteen days thereafter would be July 9, 2015, on which date Defendant
expects that his Motion for Rehearing or this Motion to Extend Time should be
due.
2. Defendant seeks an extension of thirty (30) days, to August 8, 2015.
3. Defendant was released from the Collin County Jail on June 30, 2015, and
did not learn of this Court's refusal of his PDR until a date thereafter. During his
incarceration of 14 days, Defendant was unable to stay abreast of recent court
rulings that might impact this case. As well, because of his confinement,
Defendant was unable to stay current on this and other cases, and needs some
additional time to do justice with this and other pending cases.
Defendant's Motion to Extend Time to File Motion for Rehearing: Page 1
4. Because Defendant was arrested not for DWI, but for refusing to participate
in roadside field sobriety tests that are not required by law, Defendant anticipates
briefing this Court on an extension of the landmark case: Miranda v. Arizona. 384
U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ... (1966).
5. There have been no previous extensions sought or granted to file
Defendant's Motion for Rehearing in this case.
PRAYER
6. Defendant requests that this Court grant an extension of thirty (30) days to
August 8, 2015, for Defendant to file his Motion for Rehearing.
July 8, 2015.
Respectfully submitted,
/s/ Jay Sandon Cooper
Jay Sandon Cooper
1520 JanwoodDr.
Piano, Texas 75075
(972)358-8999
NO FAX
JaySandonCooper@gmail.com
DEFENDANT
CERTIFICATE OF CONFERENCE
Defendant spoke with Assistant District Attorney Karla Hackett on July 8,
2015, and the State expressed no position with regard to the relief requested in the
foregoing motion.
Defendant's Motion to Extend Time to File Motion for Rehearing: Page 2
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing and attached documents were
electronically served to the following recipients, if that option was available
through the electronic filing manager, and if not, it was mailed on July 8, 2015:
Karla R. Hackett
Assistant District Attorney
Grayson County, Texas
200 S. Crockett, Suite 116A
Sherman, Texas 75090
and
Lisa C. McMinn
State Prosecuting Attorney
P.O. Box 13046
Austin, Texas 78711-3046
/s/ Jay Sandon Cooper
Jay Sandon Cooper
Defendant's Motion to Extend Time to File Motion for Rehearing: Page 3