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