Cole, Steven

• Court: Court of Appeals of Texas
• Decided: January 22, 2015
• Docket: PD-0077-15
• Status: Published

Opinion

PD-0077-15 PD-0077-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/20/2015 3:33:50 PM Accepted 1/22/2015 3:36:30 PM ABEL ACOSTA No. 06-13-00179-CR CLERK

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

STEVEN COLE, Appellant

V.

STATE OF TEXAS, Appellee

Appeal from Gregg County

* * * * *

STATE’S MOTION TO EXTEND TIME FOR

FILING ITS PETITION FOR DISCRETIONARY REVIEW

Lisa C. McMinn State Prosecuting Attorney Bar I.D. No. 13803300

P. O. Box 13046 January 22, 2015 Austin, Texas 78711 information@spa.texas.gov 512/463-1660 (Telephone) 512/463-5724 (Fax) No. 06-13-00179-CR

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Pursuant to the Rules of Appellate Procedure, the State moves this Honorable

Court to extend the time for filing its Petition for Discretionary Review in this case to

and including the 19th day of February, 2015. The Court of Appeals reversed

Appellant’s conviction on December 18, 2014. No motion for rehearing was filed.

The State is unable to file its petition by the January 20, 2015 deadline for the

following reasons: Counsel was out of town from December 19, 2014 - December 26,

2014, and counsel filed petitions for discretionary review in Gore v. State, PD-1639-

14 on January14, 2015, and Leming v. State, 06-13-00264-CR on January 16, 2015. WHEREFORE, the State prays that its motion to extend the time for filing its

petition for discretionary review until February 19, 2015, be granted.

Respectfully submitted,

/s/ Lisa C. McMinn Lisa C. McMinn State Prosecuting Attorney Bar I.D. No. 13803300

P.O. Box 13046 Austin, Texas 78701 information@spa.texas.gov 512/463-1660 (Telephone) 512-463-5724 (Fax) CERTIFICATE OF SERVICE

A copy of the foregoing State’s Motion to Extend the Time for Filing its

Petition for Discretionary Review has been e-served or e-mailed on this the 20th day

of January, 2015 to:

Zan Colson Brown Assistant District Attorney 101 East Methvin, Suite 333 Longview, Texas, 75601 zan.brown@co.gregg.tx.us

Ebb Mobley P.O. Box 2309 Longview, Texas 75606 ebbmob@aol.com

/s/ Lisa C. McMinn Lisa C. McMinn State Prosecuting Attorney