Ebong, Iniubong

Opinion

PD-0566-15

IN THE

COURT OF CRIMINAL APPEALS RECEIVED IN AT AUSTIN, TEXAS CCUR1 QF CRIMINAL APPEALS MAY 12 2Q15

No. 14-14-00070-cr Abel Acosta, Clerk

Iniubong Ebong, Appellant-Petitioner, Pro se FILED IN

v- COURT OF CRIMINAL APPEALS STATE OF TEXAS, Appellee MAY 1^ 2015

Abel ArnstR Clerk

OnAppeal from the 351st Judicial District Court of Harris County, Texas, Cause Number: 134974

Appellant Ebong's First Motion for Extension of Time to File Petition for Discretionary Review with Brief in Support

COMES NOW, Iniubong Ebong, TDCJ-CID#01908828, Appellant-Petitioner, pro se, in the above-styled and numbered appeal and files this, his First Motion for Extension of Time to File His Petition for Discretionary Review with Brief in Support and in support thereof, would respectfully show the Court as follows:

I.

Procedural History

Appellant-Petitioner's (hereinafter "Appellant") judgment and sentence was affirmed in an unpublished opinion by the Fourteenth Court of Appeals, Houston, Texas, on April 09, 2015, Appellant was advised by counsel his appeal had been affirmed by USPS mail on or about April 14, 2014, making the PDR due to be filed by Saturday, May

1See Ebong v. State, No. 14-14-00070-CR, Affd April 09, 2015 (Tex. App. - Houston 14th Court of Appeals, aff d April 09, 2015) (unpublished).

09, 2015. However, pursuant to the Texas Rules of Appellate Procedure it would actually be due on Monday, May 11, 2015. This proceeding followed.

II.

Appellant's First Motion for Extension of Time

Appellant is incarcerated and is proceeding pro se. As a layman of the law, Appellant is at a distinct disadvantage in proceeding without counsel and as such he must conduct all his research in the prison unit law library. The law library only affords inmates two hours a day, five days a week, unless it is closed for federal holidays or security reasons.

Therefore, due to the complex and diverse issues which are presentable in his PDR, Appellant must request that the Court grant him an extension of time of forty-five days, up to and including Thursday, June 25, 2015, in which to prepare a meaningful pleading for the Court's consideration.

This is Appellant's first request for an extension of time and is not made in order to harass or vex the Appellee or otherwise delay these proceedings, but only out of necessity.

Wherefore, Appellant respectfully requests that this Honorable Court grant him an extension of time in which to file his pro se PDR, up to and including Thursday, June 25, 2015.

SIGNED on this the 6th day of May 06 2015.

Respectfully submitted,

long Ewbng,Appellant, Pro se )CJ#01908828

Polunsky Unit

3872 FM 350 South

Livingston, Texas 77351-8580

CERTIFICATE OF SERVICE

I, Iniubong Ebong, TDCJ-CID#01908828, Appellant, pro se, herein certify that a true and correct copy of the foregoing instrument was sent to the Appellee, by placing same, in a U.S. mail box, first-class, postage paid, addressed to:

Devon Anderson Harris County District Attorney 1201 Franklin Street, Suite 600 Houston, Texas 77002-1923

SIGNED on this the 6th day of May 2015.