Burwell, James Doyle v. State

• Court: Court of Appeals of Texas
• Decided: January 9, 2015
• Docket: PD-0006-15
• Status: Published

Opinion

PD-0006-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/2/2015 11:25:43 AM Accepted 1/9/2015 9:33:48 AM January 9, 2015 ABEL ACOSTA No. ____________________________ CLERK

IN THE COURT OF CRIMINAL APPEALS for THESTATE OF TEXAS

__________________________________________________________________

JAMES DOULE BURWELL Petitioner-Appellant, V.

STATE OF TEXAS, Respondent-Appellee __________________________________________________________________

On Appeal from the Eleventh Court of Appeals of Eastland, Texas in Cause No. 11-12-00351

On Appeal from the 70th Judicial District of Ector County, Texas in Cause No. A-39,270 __________________________________________________________________

MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

__________________________________________________________________

DAVID G. ROGERS Fivecoat & Rogers, PLLC State Bar No. 00788310 214 West Texas, Suite 811 Midland, Texas 79702 Phone: 432/620-8774 Fax: 432/620-9945 Email: david@fivecoatlaw.com Attorneys for Petitioner TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes James Doyle Burwell, Petitioner in the above styled and

numbered cause, and moves for an extension of time of 30 days to file a petition

for discretionary review, and for good cause shows the following:

1. On November 20, 2014, the Court of Appeals affirmed Petitioner’s

conviction. See James Doyle Burwell v. State, 2014 WL 6603422 (Tex. App.-

Eastland) 2014. Petitioner’s petition for discretionary review was due to be filed

on or before December 22, 2014.

2. Counsel has been unable to complete and file the petition for the

following reasons: Counsel was officially retained by Petitioner to assist in this

matter on December 23, 2014, and Counsel was in a full day mediation on that

same day. Counsel’s law firm was closed over the Christmas Holidays from

December 24, 2014, through December 26, 2014. Additionally, Counsel’s law

firm had an early closing due to inclement weather on December 30, 2014, and

was closed on December 31, 2014, for the same reasons. Counsel’s law firm was

also closed on January 1, 2015, for New Year’s Day.

3. Petitioner is currently incarcerated in the Texas Department of

Criminal Justice serving a life sentence without parole. 4. Petitioner did not file a Motion for Rehearing in the Appellate Court,

and he has not requested any extensions to file a petition for discretionary review

with this Court.

5. Petitioner Defendant files this request pursuant to Texas Rules of

Appellate Procedure 68.2(c) and Rule 10.5

WHEREFORE, PREMISES CONSIDERED, Petitioner James Doyle

Burwell respectfully requests this Court to grant an extension of 30 days, i.e. until

February 4, 2015, to file his petition for discretionary review.

Respectfully submitted,

FIVECOAT & ROGERS PLLC 214 W. Texas Ave Ste. 811 Midland, Texas 79701 (432) 620-8774 (Tel) (432) 620-9945 (Fax)

By: /s/ David G. Rogers David G. Rogers State Bar No. 00788310 david@fivecoatlaw.com

Attorney for James Doyle Burwell Certificate of Compliance

In accordance with Rules 9.4(e) and (i) of the TEXAS RULES OF APPELLATE

PROCEDURE, the undersigned attorney of record certifies that this Motion to Extend

Time to File Petition for Discretionary Review contains 14-point typeface for the

body of the motion, contains 535 words, excluding those words identified as not

being counted in Rule 9.4(i)(1), and was prepared on Microsoft Word 2010.

/s/ David G. Rogers David G. Rogers

CERTIFICATE OF SERVICE

This is to certify that on January 2, 2015, a true and correct copy of the

above and foregoing document was served on the Mr. Michael Bloch, Ector

County District Attorney's Office, 300 N. Grant, Odessa, Texas 79761, by E-mail

at MICHAELBLOCH@ectorcountytx.gov.