Collins, Gilbert Junior A/K/A Gilbert Jouinor Collins

• Court: Court of Appeals of Texas
• Decided: May 28, 2015
• Docket: PD-0637-15
• Status: Published

Opinion

PD-0634-15 to PD-0638-15 PD-0634_0638-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/26/2015 3:57:01 PM Accepted 5/28/2015 2:14:24 PM ABEL ACOSTA No. CLERK

In the Court of Criminal Appeals of Texas

GILBERT JUNIOR COLLINS A/K/A GILBERT JOUINOR COLLINS VS. THE STATE OF TEXAS

ON APPEAL FROM THE COURT OF APPEALS FOR THE SECOND COURT OF APPEALS DISTRICT FORT WORTH, TEXAS APPEALS COURT CAUSE NOS. 02-14-00047-CR, 02-14-00048-CR, 02-14-00049-CR, 02-14-00050-CR, 02-14-00051-CR

PETITIONER’S FIRST MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

COFER LAW, P.C. Cody L. Cofer State Bar No. 24066643 300 Throckmorton Street, Suite 500 Fort Worth, Texas 76102 ccofer@coferlaw.com Telephone: (817) 810-9395 Facsimile: (817) 764-7377

Counsel for Gilbert Junior Collins

May 28, 2015 IDENTITY OF PARTIES AND COUNSEL

Petitioner/Respondent Petitioner/ Appellate Counsel:

Cofer Law, P.C. Cody L. Cofer State Bar No. 24066643 111 N. Houston Street, Suite 222 Fort Worth, Texas 76102 ccofer@coferlaw.com Telephone: (817) 810-9395 Facsimile: (817) 764-7377

State of Texas: State of Texas Appellate Counsel:

Honorable Sharen Wilson Tarrant County District Attorney State Bar No. 21721200 401 W. Belknap Street Fort Worth, Texas 76196 Telephone: (817) 884-1687 Facsimile: (817) 884-1672 TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

Pursuant to Texas Rules of Appellate Procedure 10.1, 10.5(b), and 68.2(c),

the Petitioner, Gilbert Junior Collins, files this First Motion to Extend Time to File

Petition for Discretionary Review.

Gilbert Junior Collins’ petition for discretionary review was due on May 23,

2015.

Gilbert Junior Collins’ Motion to Extend Time to File Petition for

Discretionary Review is filed within 15 days of the last day for filing the petition.

Counsel for Gilbert Junior Collins requests a 15-day extension of time to file

its petition for discretionary review, making the petition for discretionary review

due June 7, 2015. This is the first request for extension of time to file Gilbert

Junior Collins’s petition for discretionary review.

Counsel for Gilbert Junior Collins relies on the following reasons, in

addition to the routine matters that counsel must attend to in daily practice, to

explain the need for the requested extension:

 Unexpectedly, Counsel for Gilbert Junior Collins was appointed as trial

counsel on The State of Texas vs. Michael Johnson (Cause Number:

1397497) in Criminal District Court Number Two of Tarrant County, Texas.

This case was tried to a jury starting on May 19, 2015.  Counsel for Gilbert Junior Collins had to complete and file an appellate brief

in the Eighth Court of Appeals in The State of Texas vs. Savanna McIntare

(Case Number: 08-15-00066-CR) on May 18, 2015.

Counsel has been working on the on Petitioner’s petition for discretionary

review at every practical opportunity, but could not effectively complete the

petition for discretionary review by May 23, 2015.

Counsel for Gilbert Junior Collins seeks this extension of time to be able to

prepare a cogent and succinct petition for discretionary review. This request is not

sought for delay but so that justice may be done.

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Texas

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Petitioner requests that this Court grant this

First Motion to Extend Time to File Petitioner’s Petition for Discretionary Review

and extend the deadline for filing the Petitioner’s petition for discretionary review

up to and including June 7, 2015. Gilbert Junior Collins requests all other relief to

which he may be entitled. Respectfully submitted,

By: Cody L. Cofer State Bar No. 24066643 Attorney for Gilbert Junior Collins

CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned conferred with opposing counsel who indicated that the State does not oppose this motion.

Cody L. Cofer

CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on May 27, 2015, a copy of this motion was sent by efile and facsimile to:

State of Texas Appellate Counsel:

Honorable Sharen Wilson Tarrant County District Attorney State Bar No. 21721200 401 W. Belknap Street Fort Worth, Texas 76196 Telephone: (817) 884-1687 Facsimile: (817) 884-1672