Kirby, John

• Court: Texas Supreme Court
• Decided: November 24, 2015
• Docket: PD-1533-15
• Status: Published

Opinion

CAUSE NUMBER: PD-1533&1534-15 IN THE

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

JOHN KIRBY

V.

THE STATE OF TEXAS

From Appeals No. 13-14-00691-CR,

13-14-00692-CR RECEIVED IN Trial Cause No. 13-CR-1711-G, COURT OF CRIMINAL APPEALS

l^-CR-2951-G NOV 24 2015 Nueces County ^beSAcosta. Clerk First Motion For Extention Of Time To File

Petition For Discretionary Review m TO THE HONORABLE JUDGES OF THE COURT.,>OF CRIMINAL APPEALS: ^OURT OF CRIMINAL APPEALS Comes Now, John Kirby, Petitioner, and files this Motion for f-w/ 24 22'tJ an extention of one hundred eighty (180) days in which to file,u„, A *bel Acosta, Cierk a Petition for Discretionary Review. In support of this motion,

appellant shows the Court the following:

I.

The Petitioner was convicted in the 319th District Court of

Nueces County, Texas of the offense of Driving While Intoxicated

CDWI). in Cause No's 13-CR-1711-G and 14-CR-2951-G, styled State

of Texas vs. John Kirby. The Petitioner appealed to the Court

of Appeals, 13th District. The case was affirmed on September

1, 2015. .

IIJ The present deadline for filing the Petition for Discretionary

/ was October I, 2015. The Petitioner has not requested any extention

prior to this request.

Hi-

Petitioner request for an extention is based upon the following

facts: Petitioner was not informed of the decision of the Court

of Appeals in affirming his case until November 2, 2015, due

to Unit transfers. Since that time Petitioner has been attempting

to gain legal representation in the matter. His attorney on the

appeal, Travis Berry, has informed Petitioner that he will not

represent him on the Petition for Discretionary Review.

Wherefore, Petitioner prays this Court grant this motion and

extend the deadline for filing The Petition for Discretionary

Review in Case No's. 13-CR-1711-G and 14-CR-2951-G to May 21),

2015.

Texas Department of Criminal Justice Stevenson Unit TDCJ-ID #01968206 Cuero, Texas,77954

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing First Motion for Extention of time to file a Petition for Discretionary Review, has been forwarded by U.S. Mail, postage prepaid, first class, to the Attorney for State, Mark Skurka, at 901 Leopard Street, Room 206, Corpus Christi, Texas, 78401, and to the State Prosecuting Attorney, P.O. Box 12405, Austin, Texas, 78711 on this the I7th day of November, 2015.

VU^ Petitioner I, John Kirby, TDCJ #01968206, being presently incarcerated in the Stevenson Unit of the Texas Department of Criminal Justice in DeWitt County, Texas, verify and declare under penalty of perjury that the foregoing statements are true and correct. Executed on this the 17th day of November^. 2015.

Jrihn Kirby TDCJ #01968206 November 17, 2015

13th Court of Appeals Dorian Ramirez, Clerk 901 Leopard Street, Room 902 Corpus Christi, Texas, 78401-3606

Dear Ms. Ramirez, Enclosed please find •.my Motion for Extension of Time to File Petition for Discretionary Reviev/. Please file this Motion and bring it to the attention of the Court. Please date stamp a copy of this letter and return it to me at my address shown below. I also request that you notify me of the Court's ruling on my Motion.

Sincerely,

Jc/hn Kirby, Defenaant TDCJ #01968206 Stevenson Unit 1525 FM 766 Cuero, Texas, 77954

iWAIVED / John Kirby;, .. -•CORPUS CI-1.-RISXI, TDCJ #01968206 '•'•'/•••'•" Stevenson Unit •ij'fso^.aaiB.-pH- 1*325 FM 766 ' Cuero, Texas, 77954 13th Court of Appeals Dorian Ramirez, Clerk 901 Leopard Street, Room 902 Corpus Christi, Texas, 78401-3606 LEGAL MAIL ..•jm-i£.j,;wj •£ *i-.-itr.tt,Jh3 ,1iiiM11Irjl1il|1,lj)1ili,l),1ji|jii|ii1ll|1i|!i|ill,nii|i|ij,i