December 1, 2015
Nos. PD-0490 AND 0491-15
In the Court of the Criminal Appeals RECEIVED IN
COURT OF CRIMINAL APPEALS
JOE POLANCO, Appellant
iVOV 30 2015
vs.
THE STATE OF TEXAS, Appellee ^beJ $OOSta, Clerk
On Appeal from the Court of Appeals Nos. 05-14-00212-CR and 05-14-00213-CR
Trial Court Cause Nos. 401-81063-2011, 401-80435-2012
MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, Joe Polanco, Appellant, and files this Motion for Rehearing on Petition for
Discretionary Review. As grounds in support of this Motion, Appellant states the following:
1. On September 10, 2015, the Appellant submitted a Petition for Discretionary Review
to said Court.
2. On November 4, 2015, the Appellant received from said Court a letter indicating that
Appellant's Pro Se Petition for Discretionary Review had been refused.
3. Appellant was unable to seek counsel as he did not have the means for such
representation.
4. Being that Appellant did not have the means for private representation, he applied for
state assistance, and was denied.
5. This caused a hardship on Appellant who had to move forward with his appeal in a
pro se manner.
6. Each Defendant is entitled to legal counsel pursuant to Art. 1.051(b)(c)(d) of the
Code of Criminal Procedure. Given the fact that Appellant did not have the means
for private counsel, he should have been entitled to obtain the services of a court
appointed attorney.
7. Pursuant to Rule 38.6(b) of the Texas Rules of Appellate Procedure, once the
Appellant submits his brief, the Appellee has thirty days after the filing of
Appellant's brief to submit its brief to the Court. Appellee filed to filed their brief in
a timely manner.
8. In fact, it wasn't until 118 days from the date that Appellant filed his brief that they
submitted the State's brief.
9. If the State required additional time to file its brief, then it should have requested
such relief from the Court. That was not done.
10. Pursuant to Rule 38.6(c), Appellant had twenty days from the date the State filed its
brief to submit a reply brief. He was not given the opportunity to rebut their brief.
11. Appellant believes that due to the 5th Court of Criminal Appeals decision to allow the
State to submit their brief, prejudiced the outcome of his case.
12. Just as Appellant is required to comply with the Texas Rules of Appellate Procedure,
the State should be required to comply and be timely with its filings.
PRAYER
Appellant prays that he be granted the relief requested in this motion and that said Court
reconsider its position and accept Appellant's Petition/for DiscretTbRary Review.
RVspe^tfeHy-^ubmitted,
)E P&LANCO
pro,
2309 CooTmiSftreek
Little Elm, Texas 75069
Telephone: (972) 404-6818
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Greg
Willis, John R. Rolater, Jr., and Zeke Fortenberry, Collin County Dwsfckt Attorney, 2100
Bloomdale Road, Suite 100, McKinney Texas 7507(^8313 this^NJ P* * day ofNovember,
2015.
JOEP
pro
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'PITNEY BOWES
02 ip $001.25°
0001730069 NOV 19 2015
MAILED FROM ZIPCODE88001
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SM
Joe Polanco
2309 Coolmist Creek
Little Elm, Texas 75069
Court of Criminal Appeals
P.O. Box 12308
Austin, Texas 78711