PD-0143-15
PD-0143-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/5/2015 1:16:52 PM
February 6, 2015 Accepted 2/6/2015 3:25:04 PM
ABEL ACOSTA
CLERK
Cause No. PD-_______-14
CYNTHIA AMBROSE, § PETITION FOR DISCRETIONARY
Appellee-Petitioner §
§ REVIEW FROM THE
v. §
§ FOURTH COURT OF APPEALS
STATE OF TEXAS §
Appellant-Respondent. § Cause No. 04-13-00788-CR
PETITIONER’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, CYNTHIA AMBROSE, Petitioner, and files this motion for
an extension of time in which to file her Petition for Discretionary pursuant to Texas
Rules of Appellate Procedure 10.5(b) and 68.2(c). In support of this motion,
Petitioner shows the court the following:
Petitioner was granted a Motion for New Trial by Judge Harle, Judge of 226th
Judicial District Court, Bexar County, Texas. The State filed a direct appeal to the
Fourth Court of Appeals in cause number 04-13-00788-CR on November 6, 2013.
The Fourth Court reversed the trial court and upheld the conviction on January 7,
2015. Petitioner did not request rehearing in the Fourth Court of Appeals.
Petitioner’s Petition for Discretionary Review is currently due on February 6, 2015.1
1
The Fourth Court of Appeals website indicates that PDR is due on February 23, 2015, however,
30 days from the date that Court issued its opinion is February 6, 2015.
1
Undersigned counsel has been working on written objections to a Federal
Magistrate Judge’s recommendations in a 28 USC § 2254 in Gonzales v. Thaler,
2:14-CV-00058; on an appeal to the Fourth Court of Appeals in Rudy Martinez v.
State 04-14-00619-CR; and has preparing for her daily court docket. Counsel is
need of additional time to research and draft Petitioner’s Petition for Discretionary
Review and requests that the time to file is extended to Monday March 9, 2015.
WHEREFORE, Petitioner prays this Court grant this first request and extend
the time for filing her petition to Monday March 9, 2015.
Respectfully submitted:
__/s/Dayna L. Jones_______
Dayna L. Jones
Bar No. 24049450
LAW OFFICE OF DAYNA L. JONES
1800 McCullough Avenue
San Antonio, Texas 78212
(210)-255-8525– office
(210)-223-3248—fax
Daynaj33@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion was
electronically sent to opposing counsel S. Patrick Ballantyne at
sballantyne@bexar.org on February 3, 2015.
__/s/Dayna L. Jones_____
DAYNA L. JONES
2
Cause No. PD-_______-14
CYNTHIA AMBROSE, § PETITION FOR DISCRETIONARY
Appellee-Petitioner §
§ REVIEW FROM THE
v. §
§ FOURTH COURT OF APPEALS
STATE OF TEXAS §
Appellant-Respondent. § Cause No. 04-13-00788-CR
ORDER ON PETITIONER’S FIRST MOTION FOR EXTENSION OF
TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
On this the ______ day of _________, 2015, came to be heard Petitioner’s
First Motion for Extension of Time to Petition for Discretionary Review, and it
appears to the court that this motion should be:
GRANTED DENIED
IT IS THEREFORE ORDERED that the time for filing Petitioner’s Brief in
this cause be extended to ____________________, 2015.
SIGNED THIS THE _________ DAY OF _______________, 2015.
__________________________
JUDGE PRESIDING
3
Ambrose, Cynthia
Combined Opinion