Hall, John

• Court: Court of Appeals of Texas
• Decided: October 15, 2015
• Docket: PD-1341-15
• Status: Published

Opinion

PD-1341-15 PD-1341-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS October 15, 2015 Transmitted 10/14/2015 3:20:48 PM Accepted 10/15/2015 2:35:11 PM NO. ABEL ACOSTA CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS I JOHN HALL, §

Appellant §

vs. § COA NO. 13-14-00044-CR TRIAL COURT NO. 36,772 THE STATE OF TEXAS, §

Appellee §

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

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

NOW COMES JOHN HALL, Appellant herein, and moves this

Honorable Court for an extension of time to file Appellant's

Petition for Discretionary Review ("PDR") in this cause pursuant to

Rules 10.5(b) and 68.2(c) of the Texas Rules of Appellate Procedure

and in support thereof would show the Court as follows:

I.

On September 11, 2013, Appellant was found guilty of Theft

$1500-$20,000, a State Jail Felony, in the 66th District Court of

Hill County, Texas. The jury sentenced Appellant to 180 days in

the State Jail Division of the Texas Department of Criminal

Justice, imposed a fine of $2500.00 and further recommended

probation/suspension of the State Jail sentence. On October 2,

2013, the trial court judge formally sentenced Appellant to

probation for five (5) years and assessed restitution in the amount

------....--..-·c~------,,r--,.-------;;>"'-w'------ - ~- - a Motion for New Trial and requested an evidentiary hearing. On

November 5, 2013, the trial court judge denied the motion without

an evidentiary hearing, but provided Findings of Fact and ; Conclusions of Law. Appellant timely gave his Notice of Appeal.

The Waco Court transferred this appeal to the Thirteenth Court of

Appeals on January 14, 2014.

II.

On July 16, 2015, the Corpus Christi Court issued a memorandum ' opinion affirming the trial court's judgment. Appellant's timely

filed motion for rehearing was denied on September 2, 2015.

Appellant hereby requests an extension of time to file Appellant's

PDR and would show unto the Court that at least thirty (30) days

will be needed to allow the completion of Appellant's PDR. No

previous extension of time has been heretofore filed in this cause.

This Motion is timely if filed on or before October 17, 2015.

This case appears to be one of first impression as it presents

a visit to Judge Meyers' concurring opinion and novel suggestion in

Cabala v. State, 6 S.W.3d 543, 553 (Tex. Crim. App. 1999) (Meyers,

J., concurring). Under the "principal motivation" test, Appellant

has the burden of proving by a preponderance of the evidence that

the State's principal motivation in pursuing a theft conviction was

to collect the debt discharged in bankruptcy. Id. This case is of

utmost importance to the jurisprudence of the State of Texas and

its debtor citizens. See also Kelly v. Robinson, 479 U.S. 36, 52

( 1986) 0 The undersigned counsel simply requests additional time so as

to guarantee Appellant effective assistance of counsel. Ex parte

Dietzman, 790 S.W.2d 305 (Tex. Crim. App. 1990); Ex parte Coy, 909 ; S.W.2d 927 (Tex. Crim. App. 1995); Ex parte Daigle, 848 S.W.2d 691

(Tex. Crim. App. 1993).

PRAYER WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on

behalf of Appellant, respectfully prays this Honorable Court extend

the time for filing Appellant's'Petition for Discretionary Review

in this cause until November 12, 2015.

RESPECTFULLY SUBMITTED,

SBN 00795775 115 N. Henderson Street Fort Worth, Texas 76102 (817)870-1544 (817)870-1589 fax

ATTORNEY FOR APPELLANT

a ' CERTIFICATE OF SERVICE

As Attorney'of Record for Appellant, I do hereby Certify that

a true and correct copy of the above and foregoing document was I this date provided to the Attorney for the State, Hon. Nicole

Crain, via U.S. Mail.

Date:l0/14/15