PD-1501-15 PD-1501-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
November 20, 2015 Transmitted 11/19/2015 2:34:44 PM
Accepted 11/20/2015 11:31:01 AM
ABEL ACOSTA
CAUSE NO. 12-13-00394-CR CLERK
RAY HAWKINS, JR., § IN THE COURT OF APPEALS
Appellant §
VS. § IN TYLER, TEXAS
§
THE STATE OF TEXAS, § 12TH JUDICIAL DISTRICT
Appellee
MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, RAY HAWKINS JR., 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. In support of this
Motion, Appellant would show the following:
I.
The Twelfth Court of Appeals issued its Opinion in this case on October 21,
2015. No motion for rehearing was filed. Appellant’s Petition for Discretionary
Review is due to be filed by November 20, 2015. This is Appellant’s first request for
an extension of time. Appellant requests an extension of forty-five (45) days to file
the petition.
II.
In the past thirty (30) days, counsel was engaged in the following matters,
which preclude completion of Appellant’s Petition for Discretionary Review:
A. On October 23, 2015, Counsel for Appellant appeared for a hearing on an Art.
11.07 post-conviction writ of habeas corpus in the case styled Ex Parte
Cleveland Erric Jetson; Cause No. 1201724-A, pending in the 180th District
Court of Harris County, Texas.
B. On October 27, 2015, Counsel for Appellant appeared for docket call in the
case styled The State of Texas v. Lisa Perry; Cause No. 1448959, pending in
the 209th District court of Harris County, Texas.
C. On October 28, 2015, Counsel for Appellant appeared for docket call in the
case styled The State of Texas v. Brittany Fields; Cause No. 2050500, pending
in the County Criminal Court at Law No. 15 of Harris County, Texas.
D. On November 2, 2015 Counsel for Appellant appeared for a pre-trial
conference and motions hearing in the case styled The State of Texas v. Mike
Florez; Cause No. 1986009, pending in the County Criminal Court at Law
No. 10 of Harris County, Texas.
E. On November 3, 2015 Counsel for Appellant appeared for docket call in the
case styled State of Texas v. Qiao Dai; Cause No. 15-CCR-179998, pending in
the County Court at Law No. 2 of Fort Bend County, Texas.
F. On November 5, 2015 Counsel for Appellant appeared for a motion hearing in
the case styled State of Texas v. Whitney Miniex; Cause No. 2034415, pending
in the County Criminal Court at Law No. 6 of Harris County, Texas.
G. On November 10, 2015, Counsel for Appellant appeared for docket call in the
case styled The State of Texas v. Katwalla Clay, Cause No. 2051580, pending
in the County Criminal Court at Law No. 13 of Harris County, Texas.
H. On November 12, 2015, Counsel for Appellant appeared for docket call in the
case styled The State of Texas v. Karmaneisha Jackson, Cause No. 1984477,
pending in the County Criminal Court at Law No. 14 of Harris County, Texas.
I. On November 18, 2015, Counsel for Appellant traveled to Beaumont, Texas to
conference with an incarcerated client in the case styled In the Matter of the
Parole of Dane Clark Torres; TDCJ No. 1211067.
J. On November 19, 2015, Counsel for Appellant appeared for docket call in the
case styled The State of Texas v. Ronnie Ware, Cause No. 1479224, pending in
the 184th District Court of Harris County, Texas.
K. Counsel for Appellant is preparing for a hearing, set November 23, 2015, in an
Art. 11.07 post-conviction writ hearing in the case styled Ex Parte Larry
Mendoza, Cause Nos. 1059050-A and 1059051-A, pending in the 177th
District Court of Harris County, Texas.
IV.
This request is not made for the purpose of delay, but rather this request is
made to allow counsel adequate time to prepare Appellant’s Petition for
Discretionary Review. Appellant moves this Court for an order granting an
extension of forty-five (45) days, or until January 7, 2016, for Appellant to submit
the Petition for Discretionary Review in this case.
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court
for an order granting an extension of forty-five (45) days, for Appellant to submit
the Petition for Discretionary Review in this case.
Respectfully submitted,
/s/ Steven J. Lieberman
STEVEN J. LIEBERMAN
TBA No. 12334020
JPMorgan Chase Bank Building
712 Main Street, Suite 2400
Houston, Texas 77002
Telephone: (713) 228-8500
Facsimile: (713) 228-0034
Email: slieber699@aol.com
COUNSEL FOR APPELLANT,
RAY HAWKINS JR.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion
for Extension of Time to File Appellant's Petition For Discretionary Review was
served via e-mail delivery through eFile.TXCourts.gov to Nancy M. Nemer, Special
Prosecutor, Texas Attorney General’s Office, 300 W. 15th Street, Austin, Texas
78711 and Lisa McMinn, State Prosecuting Attorney, P.O. Box 13046, Austin, Texas
78711, on this the 19th day of November 2015.
/s/ Steven J. Lieberman
STEVEN J. LIEBERMAN
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned
counsel of record certifies that the Motion for Extension of Time contains 930 words.
/s/ Steven J. Lieberman
STEVEN J. LIEBERMAN
Hawkins, Ray Jr.
Combined Opinion