Avula, Srihari

• Court: Texas Supreme Court
• Decided: May 8, 2015
• Docket: PD-0543-15
• Status: Published

Opinion

PD-0543-15 PD-0543-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS May 8, 2015 Transmitted 5/7/2015 3:18:02 PM Accepted 5/8/2015 10:33:41 AM ABEL ACOSTA No. ____________________ CLERK

In the Texas Court of Criminal Appeals ________________________________

SRIHARI AVULA, Petitioner V. THE STATE OF TEXAS, Respondent __________________________________________________________________

On Petition for Discretionary Review from the Court of Appeals Fifth District of Texas at Dallas No. 05-13-00405-CR __________________________________________________________________

Trial Court: 380th District Court of Collin County, Texas Cause No. 296-80285-2012 __________________________________________________________________

PETITIONER’S UNOPPOSED MOTION FOR ADDITIONAL TIME TO FILE PETITION FOR DISCRETIONARY REVIEW __________________________________________________________________

TO THE HONORABLE JUSTICES OF THE TEXAS COURT OF CRIMINAL

APPEALS:

Srihari Avula, the petitioner, respectfully moves this Court for additional time

to file his petition for discretionary review, and in support thereof, would

respectfully show the following:

INTRODUCTION

1. On January 30, 2015, in that matter styled No. 05-13-00405-CR, Srihari Avula

v. The State of Texas, the Court of Appeals, Fifth District of Texas at Dallas,

-1- affirmed the petitioner’s conviction in all respects for the offense of driving

while intoxicated with a child passenger younger than 15 years of age.

2. On March 19, 2015, the petitioner filed in the court of appeals Appellant’s

Motion for Rehearing and Motion for En Banc Reconsideration. On March

19, 2015, the court of appeals denied the petitioner’s motion for rehearing.

On April 7, 2015, the court of appeals denied the petitioner’s motion for en

banc reconsideration.

3. Under TRAP 68.2(a), the first PDR “must be filed within 30 days after either

the day the court of appeals’ judgment was rendered or the day the last timely

motion for rehearing or timely motion for en banc reconsideration was

overruled by the court of appeals.”

4. The petitioner’s PDR is due to be filed May 7, 2015.

ARGUMENT

5. Under TRAP 68.2(c), “The Court of Criminal Appeals may extend the time

to file a petition for discretionary review if a party files a motion complying

with Rule 10.5(b) no later than 15 days after the last day for filing the

petition.”

6. The basis of this motion is the following:

a. The petitioner’s attorney’s daughter is disabled and has significant

medical problems, including chronic asthma. The undersigned lives in

-2- Dallas and his daughter lives in Tyler. For approximately the past three

months, it has been necessary for counsel to spend a considerable

amount of time in Tyler. This family commitment has required that

counsel work a limited schedule.

b. The undersigned has chronic bronchitis. During the period December

2014 through February 2015, then again from March 2015 through the

present, the undersigned has been required to work a limited schedule

because of illness.

7. The state does not oppose this motion.

8. This Court has granted no previous extension of the time to file a petition for

discretionary review in this case.

9. This motion is not brought for the purpose of delay only, but so that justice

may be done. Neither party would be unfairly prejudiced should the Court

grant this motion, and the length of the delay in filing the PDR will not

adversely affect these proceedings.

PRAYER

WHEREFORE, PREMISES CONSIDERED, the petitioner prays that the

Court grant this motion, in all matters, and thereby extend the time for him to file

his PDR to July 6, 2015 (60 days). The petitioner also prays for such other and

further relief, at law or in equity, to which he may show himself entitled.

-3- Respectfully submitted,

/s/ Jon A. Haslett Jon A. Haslett Texas Bar No. 00795141 Law Office of Jon A. Haslett 4475 Trinity Mills Road, Box 701599 Dallas, Texas 75370-1599 (214) 287-3133 Jon.Haslett@hotmail.com Attorney for Petitioner

CERTIFICATE OF CONFERENCE

On May 7, 2015, I conferred via email with Andrea L. Westerfeld, counsel for the respondent, The State of Texas. Ms. Westerfeld stated that the respondent does not oppose this motion.

/s/ Jon A. Haslett

CERTIFICATE OF SERVICE

Pursuant to TRAP 9.5(a), I hereby certify that on May 7, 2015, I served a true, complete, and correct copy of the foregoing Petitioner’s Motion for Additional Time to File Petition for Discretionary Review, via electronic filing, on the following:

John R. Rolater, Jr., via email to JRolater@co.collin.tx.us Andrea L. Westerfeld, via email to AWesterfeld@co.collin.tx.us Collin County District Attorney’s Office Attorneys for Respondent

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