NO. PD-1071-15
IN THE
COURT OP CRIMINAL APPEALS
OF TEXAS
DANIEL G. RODRIGUEZ FIRST COURT OF APPEALS
Petitioner,
§ NO. 03-13-00778-CR
V. APPEAL FROM 351st DISTRICT
rTiHEj-^ffiATE OF TEXAS § COURT, HARRIS COUNTY TEXAS
rILCIU UN Respondent, •% T.C. NO. 1380317 RECEIVED IN
COURT OF CRIMINAL APPEALS
PETITIONER'S SECOND COURT OF CRIWAL APPEALS
OCT IS 2315 MOTION FOR EXTENSION OF TIME TO FILE
OCT 15 2015
PRO SE MOTION FOR DISCRETIONARY REVIEW
Abel Acosta, Clerk
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Abel Acosta, Cterk
COMES NOW* Daniel G. Rodriguez/ Petitioner in the above-
numbered and styled cause and requests an extension of time to :fi-le
petition for discretionary review. This is Petitioner's Second and
last motion.
On July 28< 2015/ the First Court of Appeals of Texas* en
tered its memorandum opinion affirming the trial courts judgement.
Petitioner's first motion for extension was granted on Aug. 19/
2015/ giving Petitioner until Oct. 26* 2015/ to file Petition.The
Court specifically stated NO FURTHER EXTENSIONS WILL BE ENTERTAINED.
Petitioner respectfully asserts that extraordinary circumstances
exist for the Court's consideration/ for allowing Petitioner an
additional 3,0-days to prepare an adequate Petition for review.
In this instance/ Petitioner* an indigent pro se litigant has
not receive a copy of "Appellant's Brief" or a copy of "State's
Brief". Neither appeal counsel/ the State or the Court of Appeals
has provided Petitioner with copies of briefs. Petitioner has no
materials (above) upon which to prepare an adequate Petition (PDR).
Petitioner has made several requests to his appeal counsel/ the
1.
Court of Appeals* and the State Bar of Texas* for assistance in
obtaining said briefs. Petitioner has no other remedy and seeks an
extension only for the sole purpose of awaiting a response from
parties named above. This motion is not intended for purpose of
delay.
Respectfully submitted*
Daniel G. Rodriguez #1869538
C.T. Terrell Uit
1300 FM 655
Rosharon, TX 77583
Certificate of Service
This is to certify that a true and correct copy of the fore
going motion has been forwarded to the State's Attorney* P.O. Box
13046* Austin, TX.* 78711, via U.S. Mail, first-class postage pre
paid, on this the ^ day of Oct. 2015.
Unsworn Declaration
1/ Daniel G. Rodriguez/ TDCJ-ID No. 1869583/ being presently
incarcerated in C.T. Terrell Unit in Brazoria County, TX./ declare
under penalty of perjury that the information stated herein is
true and correct.
So Sworn, on this (n day of Oct. / 2015.
2.
Rodriguez, Daniel Gonzalez
Combined Opinion