Polanco, Joe

COURT OF APPEALS CAUSE NOS. 05-14-00212-CR and 05-14-00213-CR TRIAL COURT CAUSE NOS. 401-81063-2011 & 401-80435-2012 JOE POLANCO, Appellant IN THE COURT OF CRIMINAL APPEALS vs. IN AUSTIN, TEXAS THE STATE OF TEXAS, Appellee 401st JUDICIAL DISTRICT MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW, Joe Polanco, Appellant, and files this Motion for Extension of Time to File Appellant's Petition for Discretionary Review, pursuant to Rules 10.5(b) and 68.2(c), Texas Rules of Appellate Procedure. As grounds in support of this Motion, Appellant states the following: 1. The Court of Appeals for the Fifth District of Texas at Dallas issued a Memorandum Opinion on February 25, 2015. 2. The Appellant submitted to the Court a Motion for Rehearing. 3. The Motion for Rehearing was denied on March 27, 2015. 4. Appellant requests an extension of sixty (60) days to file the Petition. 5. Appellant is requesting additional time to prepare a Petition for Discretionary Review in that Appellant has continued to make efforts to try and retain an attorney to assist him in preparing a petition. Appellant has not been able to retain an attorney to assist him. 6. With more time, Appellant is hopeful that he will be able to retain an attorney to assist him in this matter. FILED IN COURT OF CRIMINAL APPEALS RECEIVED IN COURT OF CRIMINAL APPEALS SEP 10 2015 AUG 28 2015 Abel Acosta, Clerk Abel Acosta. Clerk 7. If for some reason, Appellant is not able to retain an attorney, would the court consider appointing an attorney to assist Appellant in this matter. If not, Appellant will continue to seek representation. 8. If an attorney is retained, the attorney will need additional time to review all documents necessary to assist him/her in preparing a Petition for Discretionary Review. 9. Appellant's grandmother continues to suffer from Dementia. She recently suffered a terrible fall. During her treatment, it was learned that she is also suffering from Congestive Heart Failure. That has been very difficult for Appellant. PRAYER Appellant prays that he be granted the relief requested in this motion and that said Court allow him a sixty (60) day extension to prepare a Petition for Discretionary Review. tespectfullj^submitted, irSiCreek Littte-Eifn, TexV75069 Telephone: (972) 404-6818 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Greg Willis, John R. Rolater, Jr., and Zeke Fortenberrv^-Collin QTonty^vstriak Attorney, 2100 Bloomdale Road, Suite 20004, McKinney Tex^s-2£071-8313 this^CT^day of August, 2015. August 25, 2015 Priority Mail Court of Criminal Appeals P.O. Box 12308 Austin, Texas 78711 Re: Joe Polanco vs. The State of Texas; Petition for Review; PD-0490-15 and 0491-15 Dear Sir or Madam: Please find enclosed a Motion for Extension of Time to File Appellant's Petition for Discretionary Review for the Court's consideration. Per my conversation with Mark Adams from your office, being that the Petition for Review is due on August 25th, he suggested that I include the Motion for Extension of Time along with the Petition just in case the motion is not granted. If the motion is granted, then it is my understanding that the PDR will be discarded. T4raftk-yjauforyour consideration in this matter. / PITNEY BOWES 02 ip $ 006.00° 0001730069 AUG 25 2015 MAILED FROM ZIPCODE88001 ITY s i iw*~E •a * •s 5 &= I Joe Polanco 2309 Coolmist Creek § 2 Little Elm, Texas 75069 s2 £•; t3 5 15 l! SI 11 is |!l 2 =* I Court of Criminal Appeals @ §• g Supreme Court Building *••• & 4= s.- ^ CM S .S -3 201 W.14lh Street, Room 106 Country c Austin, Texas 78701 UNITEDSTATES 1*1 POSTAL SERVICE 9 2 ;§ ! USPS TRACKING # 2