PD-1233-15
PD-1233-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/18/2015 11:20:24 AM
Accepted 9/22/2015 12:06:58 PM
No. ___________ ABEL ACOSTA
CLERK
______________________________________________________
IN THE TEXAS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
______________________________________________________
JOSE SOSA,
Petitioner
THE STATE OF TEXAS,
Respondent
______________________________________________________
Petition for Discretionary Review sought from
THE COURT OF APPEALS
FOR THE THIRD SUPREME JUDICIAL DISTRICT
AUSTIN, TEXAS
No. 3-13-00764-CR
On Appeal from the District Court
403rd Judicial District
of Travis County, Texas
Cause No. D1DC-11-205390
______________________________________________________
MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
______________________________________________________
TO THE HONORABLE TEXAS COURT OF CRIMINAL APPEALS:
COMES NOW JOSE SOSA, Appellant in the above-styled and numbered cause, and
moves for an extension of time pursuant to Texas Rule of Appellate Procedure 68.2(c) to file his
Petition for Discretionary Review and would show the Court as follows:
September 22, 2015
I.
The decision of the trial court at the pretrial hearing, and the judgment of guilty at jury
trial, was affirmed by the Third Court of Appeals, sitting in Austin. T.R.A.P. 10.5(b)(3)(A).
The date of the court of appeals’ judgment was August 18, 2015. T.R.A.P. 10.5(b)(3)(B).
The case number and style was Sosa v. State, No. 3-13-00764-CR. T.R.A.P. 10.5(b)(3)(C). A
sentence of community supervision was rendered in this case
II.
Petition for Discretionary Review is due September 18, 2015. T.R.A.P. 10.5(b)(1)(A),
68.2(a).
III.
This extension of time is necessary due to counsel being scheduled for trial in State of
Texas v. LaJustice Moore, Cause No.14--05270-CRF-272, on Tuesday, September 22, 2015, in
the 272nd District Court in Brazos County, Texas. In addition, counsel has recently moved to
the Dallas area and his previous areas of practice were Travis and Brazos County. Counsel has
been travelling and been out of the office to work on those cases the past month. Due to this
trial setting and time spent travelling, counsel needs more time to prepare the petition.
IV.
This is the first request for extension of time to file petition for discretionary review.
T.R.A.P. 10.5(b)(1)(D).
V.
Petitioner respectfully requests an extension of thirty (30) days to file his petition, and
that the petition be due on October 19, 2015. T.R.A.P. 10.5(b)(1)(B). In the alternative,
Petitioner respectfully requests an extension of such other length of time as this Court believes
reasonable and necessary.
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays that an
extension of time to file brief be granted for thirty days, or such other period of time as this
Court considers appropriate.
Respectfully submitted,
/s/ David W. Crawford
David W. Crawford
State Bar No. 24031601
Crawford and Cruz PLLC
P.O. Box 686
Austin, Texas 78759
Telephone (512) 795-2000
Telefacsimile (512) 237-7792
Email: dcrawford@crawfordcruz.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TRAP 9.5 and 68.11 a true and correct copy of the above
has been forwarded by U.S. mail to counsel for appellee District Attorney Rosemary Lehmberg,
PO Box 1748, Austin TX 78767,
and to:
State’s Prosecuting Attorney
PO Box 12405
Austin TX 78711
on this the 18th day of September, 2015.
/s/ David W. Crawford