PD-1178-15
PD-1178-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/10/2015 12:47:59 PM
Accepted 9/14/2015 2:19:23 PM
ABEL ACOSTA
CAUSE PD-_____________ CLERK
CAUSE NO. 11-13-00234-CR
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AUSTIN, TEXAS
_________________________________________________
DIANA SOLIS RODRIGUEZ,
Appellant
September 14, 2015 v.
THE STATE OF TEXAS,
Appellee
_________________________________________________
MOTION FOR EXTENSION OF TIME WITHIN WHICH TO
FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS OF TEXAS:
COMES NOW, DIANA SOLIS RODRIGUEZ, Appellant, by and
through counsel of record and files this, her First Motion for an Extension of
Time Within Which to File Appellant’s Petition for Discretionary Review
(PDR). In support of said Motion, Appellant would respectfully show this
Honorable Court as follows:
I.
On August 13, 2015, the Eleventh Court of Appeals at Eastland,
Texas, upheld the trial court’s conviction for aggravated robbery in cause
number TC 10395-D styled The State of Texas vs. Diana Solis Rodriguez
with appellate court number 11-13-00234-CR. Appellant was assessed a
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sentence of five years imprisonment in the Institutional Division of the
Texas Department of Criminal Justice.
II.
This First Motion for Extension of Time Within Which to File
Appellant’s PDR is filed on or before the due date for the filing of
Appellant’s PDR pursuant to Rules 4 and 9.2 Texas Rules of Appellate
Procedure. Appellant’s due date is September 13, 2015.
III.
Appellant relies on the following facts as good cause for the requested
extension: Appellant’s counsel only learned today that the Court of Appeals
rendered a decision on August 13, 2015, and she has only this date notified
Appellant of that fact as required by Tex. R. App. P. 48.4 (by certified mail,
return receipt requested). Appellant seeks an additional 30 days to file
Appellant’s PDR or until October 13, 2015 to allow Appellant adequate time
to file said pro se PDR should she choose to do so.
IV.
Counsel does not seek this additional time to intentionally disregard
this Honorable Court’s docket and scheduling order, but the effective
preparation of the PDR in this matter as well as compliance with the
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applicable rules deem it necessary to ask for the additional time within
which to file Appellant’s Petition for Discretionary Review.
WHEREFORE, Appellant prays that the Honorable Justices of this
Court would, in all things, GRANT this First Motion for Extension of Time
Within Which to File Appellant’s Petitions for Discretionary Review and
would extend the deadline in this causes to October 13, 2015.
COPELAND LAW FIRM
P.O. Box 399
Cedar Park, TX 78613
Mobil/Text: 512.897.8126
Fax: 512.215.8114
Email: ecopeland63@yahoo.com
By: /s/ Erika Copeland
Erika Copeland
State Bar No. 16075250
Attorney for Appellant
CERTIFICATE OF SERVICE AND OF
COMPLIANCE WITH RULE 9
This is to certify that on September 9, 2015, a true and correct copy of
the above and foregoing document was served on:
State Prosecuting Attorney Taylor County District Attorney
P.O. Box 12405 300 Oak St., Ste. 300
Capital Station Abilene, Texas 79602
Austin, Texas 78711
in accordance with the Texas Rules of Appellate Procedure, and that the
Motion For Extension Of Time Within Which To File Appellant’s Petition
For Discretionary Review is in compliance with Rule 9 of the Texas Rules of
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Appellate Procedure and that portion which must be included under Rule
9.4(i)(1) contains 532 words.
/s/ Erika Copeland
Erika Copeland
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