Hernandez, William

• Court: Texas Supreme Court
• Decided: March 3, 2015
• Docket: PD-0238-15
• Status: Published

Opinion

PD-0238-15 RECEIVED IN COURT OF CRMNAL APPFALS IN THE COURT OF CRIMINAL APPEALS 03 2015

WILLIAM HERNANDEZ APPELLANT ifk

APPELLANT COURT NO. 01-13-00825-CB VS. TRIAL COURT NQ,vJ.22516F''-ED IN •MS TOF CRIMINAL APPEAL! THE STATE OF TEXAS APPELLEE § MAR 03 2:;5 MOTION FOR EXTENTION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW Abel Acosta, Clerk TO THE HONORABLE COURTt

COMES NOW, HILLIAN HERNANDEZ, PRO SE MOVANT AND SUBMITS THIS MOTION TO EXTEND TIME FOR FILING A PROPER AND EFFECTIVE PETITION FOR DISCRETIONARY REVIEW AND FOR GOOD CAUSE RESPECTFULLY SHOWS THE FOLLOWING:

APPELLANT'S PETITION FOR DISCRETIONARY REVIEW IS DUE THE 13TH, DAY OF MARCH 2015.

II

WILLIAM HERNANDEZ, IS A PRO PETITIONER AND MOVES THIS COURT TO GRANT AN EXTENSION OF TIME TO FILE A TIMELY AND PROPER PETITION FOR DISCRETIONARY REVIEW AND RESPECTFULLY STATES*

1) MOVANT HAS EXERCISED DUE DILIGENCE IN AN ATTEMPT TO PRODUCE A TRUE AND CORRECT COPY OFt (A) APPELLANT BRIEF FILED BY KURT B. WBKTZ. PREVIOUS APPELLANT COUNSELi (B) STATES BRIEF AND (C) COPY OF OPINION HANDED DOWN. BY THE FIRST COURT OF APPEALS AT HOUSTON. MOVANT HAS MADE NUMEROUS ATTEMPTS TO OBTAIN SAID DOCUMENTS BUT DO TO THE INTENTIONAL NEGLECT OF PREVIOUS APPELLANT COUNSEL. HE HAS YET TO RECEIVE ANY DOCUMENTS, LET ALONE A RESPONSE TO MOVANT'S TIMELY REQUESTS

2) MOVANT SEEKS A (90) DAY EXTENSION OF TIME TO FILE HIS P.D.R, WHICH WOULD MAKE MOVANT'S HESPONSE DUE THE 15 DAY OF JUNE, 2015.

3) THE EXTENSION OF TIME IS NECESSARY BECAUSE MOVANT IS PRO SE AND REQUESTS THIS HONORABLE COURT TO, REQUIRE THE FIRST COURT OF APPEALS AND/OR PREVIOUS APPELLANT COUNSEL TO TURN OVER THE ABOVE NAMED DOCUMENT INSOFAR THAT MOVANT'S DUE PROCESS

GUARANTEE TO AN EFFECTIVE APPEAL CAN BE OUELY EXE&CISED BY MOVANT IN THAT HE IS ABLE TO EFFECTIVELY FILE HIS P.D.R. 4) MOVANT RECEIVED A 'WHITE CARD' FROM THE FIRST COURT OF APPEALS ON THE J9TH DAY OF FEBRUARY , 2015, WITHOUT AN OPINION. DUE TO THE NEGLECT OF APPELLANT COUNSEL, MOVANT HAS NO KNOWLEDGE AS TO THE BASIS OF HIS APPEAL, NOR THE REASON IN

WHICH IT WAS DENIED.

5) AS OF FEBRUARY 19TH • 2015, AS BEING THE DATE OF NOTIFICATION BY THE FIRST COURT OF APPEALS TO MOVANT. SAID NOTIFICATION STATED THAT A DECISION WAS REACHED

ON THE 2ND DAY OF DECEMBER 2014, CLEARLY ESTABLISHING HNCONSTITIJTIONAL TIME

RESTRAINTS TO MOVANT.

FOR THESE REASONS, MOVANT REQUESTS THIS HONORABLE COURT TO RENDER AN ORDER EXTENDING THE TIME FOR FILING MOVANT'S PETITION FOR DISCRETIONARY REVIEW

AND TO INCLUDE A FULL (90) DAYS SO MOVANT CAN PERFECT HIS PETITION.

RESPECTFULL SUBMITTED

WILLIAM HERNANDEZ PRO SE LITIGANT TDC... 1889157 3.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT THIS DOCUMENT WAS PLACED IN THE

H.S P.O. MAIL BOX AT THE W.P. CLEMENTS UNIT IN POTTER

COUNTY TEXAS, AND MAILED TOs TEXAS COURT OF CRIMINAL

APPEALS, AUSTIN. ON THE 2AND, DAY OF FEBRUARY. 2015

RESPECTFULLY SUBMITTED y

WILLIAM HERNANDEZ PRO SE LITIGANT

DECLARATION

I WILLIAM HERNANDEZ, HEREBY DECLARE UNDER THE PENALTY

OF PERJURY, AND THE FORGOING INFORMATION IS TRUE AND

CORRECT TO THE BEST OF MY KNOWLEDGE... '*•"* RESPECTFULLY SUBMITTED

£j'/l(tiM/fernamel WILLIAM HERNANDEZ PRO SE LITIGANT

SENT TO THE TEXAS C0U8T OF CRIMINAL APPEALS IN AUSTIN TEXAS ON 2/24/15. A REQUEST FOR BXTENTION OF TIMS, STATE'S BRIEF, APPELLANT BRIEF AND THE OPINION' OF WILLIAM HERNANDEZ'S DIMCT APPEAL.

WILLIAM HERNANDEZ TIIC... 1889157 W.P. CLEMENTS UNIT 9601.. SPUR...591 AMARILLO TEXAS 79107-9605 i \

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