RECEIVED IN
FILED IN COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
SEP 02 2015
SEP 04 2015 NO
Abel Acosta, Clerk IN THE COURT OF CRIMINAL APPEALS Abe] Acosta, Clerk
AUSTIN, TEXAS
DAMES EDWARD ROGERS JR
Vs .
THE STATE; -OF TEXAS
FROM APPEAL NO. 05^14-00695-CR
On Appeal from the 196th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 2B5 76
FIRST MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COMES NOD, James Edward Rogers Jr., Petitioner, and files this
Motion for an Extension of Time of Ninety Days (90) days in uhichto
file a Petition for Discretionary Review. In support of this Motion,
the Appellant shows the Court the following:
The Petitioner was convicted in the 196th District Court of
Hunt County, Texas of the Offence possession of a controlled sub
stance, methamphetamine, in Cause No. 28576, Styled State of Texas
vs. James Edward Rogers Jr... The Petitioner appealed to the Court of
Appeals Fifth District of texas at Dallas. The Case was Affirmed on
July 20, 2015 but Petitioner did not receive his notice of the Court's
Decision until the afternoon of Friday August 7, 2015 in the Prison
legal mail mailroom. The present deadline for filing the Petition
for Discretionary Review was August 19th, 2015 but Petitioner is
disabled, legally blind, and because of the delay in getting notice
and having to get another inamte read and help him with this Motion
he begs the Court to allow this FIRST MOTION.
II.
As stated above, Petitioner's deadline for Filing his PDR
was August 19th, 2015, but he did not receive notice until August
7th, 2015. Since he is legally blind and indigent he has had to get
help from other inmates to assist with this first Motion.
Petitioner has NOT requested any Extension prior to this request.
III.
Petitioner's request for an extension of time is based upon the
following FACTS: Petitioner was not informed of the decision of the
Court of Appeals in.Affirming his case until the afternoon of Friday
august 7th, 2015. His attorney on the Appeal, John S. Butler, has
informed Petitioner that he will not represent him on the Petition
for Discretionary Review.
IV.
Petitioner is requesting a Copy of the Appellate Record in order
that he may get help in perfecting his PDR. Without these documents
Petitioner will be unable to adequately file a PDR.
V.
This Motion is NOT to hamper or delay, but is necessary because
Petitioner is legallyblind, is disabled, and is indigent and proceed
ing Pro Se. He needs this time for legal research. Petitioner is
incarcerated and is limited to 2 hours a day, five days per week, in
the Prison Law Libra r.y, but as stated he is blind and has no access
to Braile Law Books. He is totally dependent on help from other
inarnte s .
WHEREFORE, Petitioner prays this Court grant this Motion and
Extend his time for the Deadline of Filing the Petition for Discret
ionary Review in Case NO. 05-14-00695-CR to November 19th, 2015.
Respectfully Submitted
€.
lames Edward Roger|
DCJ # 1937467
CT T e r r e l l Unit
1300 FM 655
Rosharon, TX 775B3
Certificate of Service
I certify that a true and correct copy (carbon copy)
of the above and foregoing First Motion ofr Extension of Time to File
a Petition for Discretionary- Review has been forwarded by U.S. Mail;
postage prepaid,First Class to the State prosecuting Attorney, P.O.
Box 12405, Austin TX 7B711 on this the 2Bth Day of August, 2015.
lames Edward Rogers, Jr
Petitioner, Pro Se
Unsworn Affidavit
I, James Edward Rogers Jr., TDCJ #1937467, being presently
incarcerated in the CT Terrell Unit of the Texas Department of
Criminal justice in Brazoria County, Texas, verify and declare under
penalty of perjury that the foregoing statements are true and correct
to the best of my knowledge. Executed this date, August 28th, 2015
lames Edward Rogers Jr
TDCj # 1937467
CT Terrell Unit
1300 FM 655
Rosharon, TX 775B3
FRIDAY, AUGUST28, 2015
ABEL ACOSTA, CLERK
COURT of CRIMINAL APPEALS
PO BOX 12308
AUSTIN, TX 78 711
RE: Trial Court Cause NO. 2B576, Hunt County, TX
Fifth Court of Appeals NO. 05-14-00695-CR
Filing of Motion for Extension of time to file PDR
Dear Honorable Clerk,
Please find my Pro-Se Defendant's Motion for Extension of Time
to File Petition for Discretionary Review , including requesting copies
of Court Records. Please File this Motion and bring it to the atten
tion of the Court.
On July 20, 2015 the Appeals Court (Fifth District at Dallas)
Affirmed my Judgement from the Trial Court. I did not receive the
notice in the Prison mailroom until August B 2015 which told me Ihad
until August 19, 2015 to prepare, and File my PDR which was impossi
ble as I am disabledy legally blind, and have no way to do this on
my own, hance the need for additional time to file.
I also need copies of Court Records so that some other inmates
who may help me can read them and help me prepare a pro se1PDR.
Can you send me a list of court records available or send me the Court
File, per Federal Gov't Rules as a Blind Person I should be able to
get these free of charge.
I have also included a carbon copy of this letter for you to file
date and time stamp and return to me in the S.A.S.E. i am providing.
Thank you for your Assistance in this matter.
Sincerle.
Jti/frL' rH£&s^A
lames Rogers, Jr. #1937467
Terrell Unit
1300 FM 655
Rosharon, TX 77583