Cole, Steven

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

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STATE’S MOTION TO EXTEND TIME FOR FILING ITS PETITION FOR DISCRETIONARY REVIEW

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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

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS

STEVEN COLE, Appellant V. STATE OF TEXAS, Appellee

* * * * *

STATE’S MOTION TO EXTEND TIME FOR FILING ITS PETITION FOR DISCRETIONARY REVIEW

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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