PD-0877-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/20/2015 10:25:16 AM
Accepted 8/20/2015 2:24:15 PM
ABEL ACOSTA
NO. PD-0877-15 CLERK
COURT OF CRIMINALS APPEALS
AUSTIN
EX PARTE JOSÉ RICKY ESPINOZA
APPELLANT’S SECOND UNOPPOSED
MOTION TO EXTEND TIME TO FILE PETITION
Now comes José Ricky Espinoza, appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to
file a Petition for Discretionary Review. This motion is made according
to Rules 38.6 and 10.5(b) of the Texas Rules of Appellate Procedure and
for good cause appellant shows the Court the following:
I.
The Appellant is not currently incarcerated.
II.
This case is on appeal from the Parker County Court which denied
Appellant habeas relief on April 30, 2015.
Appellant’s Second Motion for Extension August 20, 2015 1
III.
This case was styled “Ex Parte Angel Ricky Espinoza A/K/A José
Ricky Angel Espinoza” in the Second Court of Appeals, Appellate Cause
No. 02-15-00074-CR.
Judgment was issued in this matter without briefing on April 30,
2015 after the case was immediately set for review by a panel of the
appellate court. Appellant’s Motion for Rehearing was filed May 28 and
disposed of on June 18, 2015. Appellant’s deadline to file a Petition for
Discretionary review is July 20, 2015.
IV.
Appellant requests a one (1) day extension to file his petition.
This will extend the filing date until Thursday, August 20, 2015.
V.
Appellant relies on the following facts as good cause for the
requested extension:
The Petition for Discretionary Review in this matter was timely
Appellant’s Second Motion for Extension 2
filed with the Second Court of Appeals. Appellant seeks leave to refile
with the Court of Criminal Appeals.
VI.
No previous requests for extension of time to file have been sought
or granted.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellant makes
this prayer for extension that the Court grant a one (a) day extension of
time until August 20, 2015, and avers that this request is not done
merely for delay, but that justice may be done and, toward that end,
that an informed and concise petition may be filed with this Court.
Respectfully, submitted,
Todd Greenwood
Attorney at Law
900 Eighth. Street
Suite 716
Wichita Falls, Texas 76301
Tel./Fax: (940) 689-0707
[/s] Todd Greenwood
Todd Greenwood
State Bar No. 24048111
Appellant’s Second Motion for Extension 3
CERTIFICATE OF CONFERENCE
Prior to the filing of this motion, I made several attempts to confer
with Natalie Barrett, the Parker County Assistant Attorney assigned to
this case. I emailed this request to her office and received no objection
to the extension.
[/s] Todd Greenwood
Todd Greenwood
CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing was emailed to the
Parker County Attorney’s Office, 1112 Santa Fe Drive, Weatherford,
Texas 76087 on the 20th day of August 2015 and to the State
Prosecuting Attorney at P.O. Box 13046, Austin, Texas 78711-3046.
[/s] Todd Greenwood
Todd Greenwood
Appellant’s Second Motion for Extension 3