Terry Atkins v. State

ACCEPTED 03-13-00509-CR 6615647 THIRD COURT OF APPEALS AUSTIN, TEXAS 03-13-00509-CR 8/24/2015 10:09:27 AM JEFFREY D. KYLE CLERK IN THE TEXAS COURT OF APPEALS THIRD DISTRICT, OF AUSTIN FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/24/2015 10:09:27 AM TERRY ATKINS JEFFREY D. KYLE Clerk Petitioner, V. THE STATE OF TEXAS, Respondent. MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN: Petitioner files this Motion for Extension of Time to File Motion for Rehearing under Fed. R. App. P. 40(a)(1). In support of this motion, Petitioner shows the following: 1. The Court of Appeals for the Third District of Texas in Austin rendered its opinion and judgment in Terry Atkins v. The State of Texas, No. 03-13-00509- CR, on July 24, 2015. 2. Petitioner requests an e xtension of time for a rehearing. The deadline for filing a Petition for Rehearing on the above styled case was August 6, 2015. This is Petitioner’s request for an extension of 30 days in this case. 3. Petitioner relies on the following facts as a reasonable explanation for the requested extension of time to have a rehearing on the opinion and judgment; Petitioner’s counsel needs more time to research the points of law and facts that the panel overlooked or misapprehended the pivotal effect of a new precedential decision and statute and the issue of exceptional importance that calls out for en banc attention. 4. The undersigned has conferred with opposing counsel, Kathryn Scales, who indicated there was no opposition to this request. Therefore, Petitioner prays that this Court grant this Motion for Extension of Time on Filing the Motion for Rehearing. Respectfully submitted, /s/Amber Vazquez Bode Amber Vazquez Bode SBN: 24039225 1004 West Ave. Austin, Texas 78701 512-220-8507 512-480-0760 amberv@lawyers.com CERTIFICATE OF CONFERENCE As required by Tex. R. App. P. 10.1(a)(5), I certify that I have conferred with Kathryn Scales, Assistant District Attorney who has indicated that this motion is unopposed, and Lisa McMinn, State Prosecuting Attorney who counsel has contacted but is pending response. /s/Amber Vazquez Bode Amber Vazquez Bode CERTIFICATE OF SERVICE I certify that, on August 21, 2015, I served a copy of this motion by electronic filing and First Class, United States mail on the following: The Honorable Lisa C. McMinn State Prosecuting Attorney P.O. Box 13046 Austin, TX 78711 The Honorable Velva L. Price Criminal District Clerk P.O. BOX 1748 Austin, TX 78767 Ms. Kathryn A. Scales Assistant District Attorney PO Box 1748 Austin, TX 78767-1748 /s/ Amber Vazquez Bode Amber Vazquez Bode