Diaz, Daniel

• Court: Texas Supreme Court
• Decided: February 12, 2015
• Docket: PD-0035-15
• Status: Published

Opinion

PD-0035-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 2/9/2015 1:35:05 PM Accepted 2/11/2015 3:18:04 PM ABEL ACOSTA PDR NO. PD-0035-15 CLERK

IN THE COURT OF CRIMINAL APPEALS

FILED IN £ COURT OF CRIMINALAPPEALS \P DANIEL DIAZ, Appellant February 11, 2015 a VS. C J

ABEL ACOSTA, CLERK THE STATE OF TEXAS, Appellee

On Appeal from the 253rd Judicial District Court Liberty County, Texas Trial Court Cause No. CR29411 And The Court of Appeals for the Ninth Judicial District of Texas Beaumont, Texas No. 09-13-00104-CR

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, DANIEL DIAZ, Appellant and files this, his Motion to

Extend Time to File Petition for Discretionary Review for seven (7) days and for

good cause would show the Court as follows:

I.

On February 28, 2013, the appellant was convicted of the offense of

Official Oppression in the 253rd Judicial District Court of Liberty County, Texas in Cause No. CR29411. This case was styled State of Texas v. Daniel Diaz. The

appellant was assessed a punishment of one year in the Liberty County Jail

facility. The notice of appeal was timely filed on March 1, 2013.

On October 22, 2014, the Court of Appeals for the Ninth Judicial District,

Beaumont, Texas, affirmed the conviction in Cause No. 09-13-00104-CR.

Appellant filed a Motion for Rehearing on November 21, 2014. This motion was

overruled on December 10, 2014. Appellant filed a motion to extend the time to

file the Petition for Discretionary Review on January 6, 2015. The Petition for

Discretionary Review is due on February 9, 2015.

II.

Appellate Counsel has been working on the following matters over the last

30 days:

1. United States v. Ramola Brown, 4:12-CR-00366, in the United States

District Court for the Southern District of Texas—Houston Division.

This case involves a federal marijuana and cocaine distribution

conspiracy based out of Houston, Texas. The trial in this case started on

January 27, 2015 and lasted until January 30, 2015. Counsel worked

diligently to prepare for trial in this cause, and represent the defendant in

trial.

2. State v. Roy Wayne Jackson, Jr., 09-14-00138, 00139, 00140, inthe 221sl

District Court of Montgomery County, Texas. This case involved

allegations of continuous sexual abuse of a child and aggravated sexual assault of a child. Trial began in these cases on Monday, February 2nd, 2015. The jury returned a verdict of guilty on Thursday, February 5th, 2015. The punishment phase of trial was completed on that same day.

Counsel worked diligently to prepare for that trial, and represent the

defendant in this proceeding.

3. State v. Christopher Washington, appellate number 01-14-00366-CR in

the Court of Appeals for the First District of Texas. This appeal involves

a conviction for a non-death capital murder that occurred in Harris

County, Texas. The reporter's record was extensive and the issues

involved in this appeal were complex. The brief in this cause was filed

on January 28, 2015. Counsel spent a large amount of time over the last

month preparing that brief and getting it filed in a timely manner.

III.

Counsel was hired by the Appellant in late December of 2014 to submit a

petition for discretionary review in this cause, Counsel is diligently working to

review the record on appeal and finalize the Petition for Discretionary Review at

this time.

A DVD with the Clerk's Record and Reporter's Record was given to

Counsel with the previous attorney's file in early January of 2015. Some of the

volumes on this DVD cannot be opened by Counsel at this time. Over the last

week, Counsel has been in touch with the previous appellate attorney in this case to get this issue resolved. One volume has still not been recovered at this time, but

Counsel is confident that this last issue will be resolved shortly.

Counsel needs additional time to obtain the last volume, review the record

on appeal and finalize the Petition for Discretionary Review.

This motion is made pursuant to Tex. R. App. Proc, 68.2(c), additionally

complying with Rule 10.5(b) (filed no later than 15 days after the last date for

filing the motion).

WHEREFORE, PREMISES CONSIDERED, appellant respectfully prays

that the court grant this motion and extend the time for filing his Petition for

Discretionary Review for seven days from February 9, 2015 to February 16, 2015.

Respectfully submitted,

WENDELL A. v,x^.,,, Texas Bar No. 15208500 440 Louisiana Street, Suite 200 Houston, Texas 77002 (713) 223-5575 (713) 224-2815 FAX CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion was

delivered to the Court of Appeals, a copy being sent to the Assistant District

Attorney in this cause by electronic transmission.

llaTodomtjr^^ STATE OF TEXAS § § COUNTY OF HARRIS §

On this day personally appeared WENDELL A. ODOM, JR., who stated under

oath as follows:

"My name is WENDELL A. ODOM, JR. I am the attorney of record for the

Appellant in this cause. I have read the foregoing Motion for an Extension of Time to File

Petition for Discretionary Review, and swear that the matters contained in such motion are

true and correct."

WENDELL A. ODOM, JR

SWORN TO AND SUBSCRIBED before me on this the Oft* day of 9 'lkifUilM-y, 2015, to which witness my hand and seal ofoffice. d

YOLANDAMARTINEZ i NOTARY PUBLIC COHMBSIONamES: OS-11 -201 8 IN THE COURT OF CRIMINAL APPEALS

DANIEL DIAZ, § § Appellant § PDR NO. PD-0035-15 § VS. § COURT OF APPEALS NO. § 09-13-00104-CR THE STATE OF TEXAS, § § TRIAL DOCKET NO. CR29411 Appellee §

ORDER

On this day came on to be heard Appellant's Motion for Extension of Time to File

Petition for Discretionary Review.

It is the opinion of this Court that the Motion to Extend Time to File Petition for

Discretionary Review should be and is hereby GRANTED, and it is therefore

ORDERED, ADJUDGED and DECREED that the Appellant's Petition for Discretionary

Review is due to be filed in this Court on day of , 2015.

SIGNED on this the day of , 2015.

JUDGE PRESIDING