PD-0242-18 PD-0242-18
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/5/2018 12:51 PM
Accepted 3/7/2018 11:42 AM
No. _____________ DEANA WILLIAMSON
CLERK
In the
Court of Criminal Appeals FILED
At Austin COURT OF CRIMINAL APPEALS
3/7/2018
DEANA WILLIAMSON, CLERK
No. 05-17-01135-CR
In the
Court of Appeals
for the
First District of Texas
at Dallas
No.067247-A
In the 15TH Judicial District Court
Grayson County, Texas
JOSE GUSTAVO CASTANEDA
Appellant
V.
THE STATE OF TEXAS
Appellee
APPELLANT’S MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
APPELLANT, pursuant to TEX. R. APP. P. 68.2(c) moves for an
extension of time within which to file its petition for discretionary review. In
support of its motion, appellant submits the following:
1. Appellant was charged with the felony offense of possession of a
controlled substance, and later placed on probation for a reduced
offense of misdemeanor attempt to possess a controlled
substance.
2. Appellant successfully completed his probation, but suffered
immigration consequences due to the probation. Due to those
consequences, he filed a writ of habeas corpus that was denied by
the 15th Judicial District Court of Grayson County, Texas.
3. The Fifth District Court of Appeals in Dallas rendered judgment
in an unpublished opinion on 21st day of February, 2018,
affirming appellant’s conviction and sentence.
5. Appellant’s petition for discretionary review is due March 8, 2018.
6. Appellant seeks an extension, in accordance with TEX. R. APP.
P. 68.2(c), until April 8, 2016, to file its petition for discretionary
review. This is appellant’s first request for an extension.
9. Appellant is currently in the custody of Immigration and Customs
Enforcement awaiting an immigration hearing. Although a copy
of the Judgement and Order with instructions were sent to
Appellant on February 23, 2018, a green card has not yet been
received. In an abundance of caution, a new copy with
instructions for PDR has been sent today.
WHEREFORE, the Appellant prays that this Court will grant the
requested extension until April 8, 2018.
Respectfully submitted,
/s/ Kimberley Miller Ryan
Kimberley Miller Ryan
for Jose Gustavo Castaneda
110 S. Bolivar St. B2
Marshall, TX 75670
kimryanlaw@gmail.com
(903) 471-0816 phone
(888) 753-8808 fax
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, this certifies that on the 5th day of
March, 2018, a copy of the foregoing was delivered to the attorneys in this
matter.
/s/ Kimberley Miller Ryan
Kimberley Miller Ryan
for Jose Gustavo Castaneda
110 S. Bolivar St. B2
Marshall, TX 75670
kimryanlaw@gmail.com
(903) 471-0816 phone
(888) 753-8808 fax