PD-1617-15 PD-1617-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/11/2015 2:21:16 PM
Accepted 12/15/2015 1:15:27 PM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
IN AND FOR THE STATE OF TEXAS
PIO HILARION JIMENEZ X
X
VS. X CAUSE NO.
December 15, 2015
X
THE STATE OF TEXAS X
MOTION TO EXTEND TIME FOR FILING PETITION FOR
DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES, Pio Hilarion Jimenez, Petitioner in the above styled and
numbered cause and requests an extension to file his Petition for Discretionary
Review. The petition was due on November 25, 2015. Counsel requests an
extension of 30 days to file the Petition. Petitioner does not read or speak English.
Petitioner did not understand the documents counsel sent him regarding the
disposition of his appeal and the time requirements attendant. Petitioner mailed
the documents to his family. Counsel was contacted by Petitioner’s family after
Thanksgiving. Petitioner only retained counsel to file the Petition for
Discretionary Review a few days ago. Counsel has not had a previous extension.
The Seventh Court of Appeals in Amarillo originally issued its Opinion on
September 29, 2015 in Case No. 07-13-00303. Counsel filed a Motion for
Rehearing on October 13, 2015. The Seventh Court of Appeals denied the Motion
for Rehearing on October 26, 2015. The Seventh Court of Appeals withdrew its
previous Opinion and issued a new Memorandum Opinion on October 26, 2015.
Counsel respectfully requests an extension of 30 days.
Respectfully submitted by,
/S/ Eric Coats
Eric Coats
Appellant’s Lawyer
SBN: 00783845
1716 S. Polk
Amarillo, Texas 79102
806-374-1333
ecoatslaw@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing motion was sent by e-mail to
State’s Counsel as indicated below at time of filing this document, December 10,
2015.
/S/ Eric Coats
Randall County District Attorney State Prosecuting Attorney
2309 Russell Long Blvd. Ste 120 P.O. Box 12405
Canyon, TS 79015 Austin, TX 78711
clarkwl3@gmail.com information@spa.texas.gov