Leblanc, Tyler

Opinion

PD-1691&1692&1693-15 COURT OF CRIMINAL APPEALS

TYLER LEBLANC '.))•• § TDCJ# 01969518 § Appellant p^p ^ § VS. COURT OF CRIMINAL APPEALS§ Trial Cause Nos. 09-15-00439-CR mHF qTATF OP PT <* 0 7215 TESTATE OF U ^ ^ §I 09-15-00441-CR RECEIVED IN Appellee - „ . § COURT OF CRIMINAL APPEALS Abel Acosta, Clerk § DEC 2 8 2015 MOTION TO FILE TIME EXTENSION FOR PDR UNDER TEXAS RULES OF APPELLATE PROCEDURE 10.5 .... ^. Abel Acosta, Clerk TO THE HONORABLE JUDGE OF SAID COURT:

Comes now, Tyler Leblanc, TDCJ ID# 1969518, Appellant Pro-Se

and Layman-At-Law, and respectfully moves this Court for a time

extension to file his (PDR) Petition, for Discretionary Review.

Due to lack of time in filing his petitoin cause of being notified

late of the Court of Appeals Ninth District of Texas at Beaumont.

Under the Texas Rules of Appellate Procedure 68.2 and 10.5 .

BACKGROUND:

On November 17, 2014 Tyler Leblanc was sentenced by the 365th

District Court Hardin,County, Texas. Mr..Leblanc requested his .

counsel to file an appeal for him. In October 2015 Tyler Leblanc

was notified that there was never an appeal filed for him through

documentation from the Ruben M. Torres Units. Law Library computer

system. On October 30, 2015 Mr. Leblanc filed a motion for out of

time appeal and request for appeal attorney. He sent the paperqork

to his convicting District Court. That court asigned him Attorney

Russel J. Wright. On November 25, 2015 The Ninth District of Texas

Court of Appeal DISMISSED his appeal. Therefore the clock to file

Appellant's PDR starting on that date. Appellant was not notif

ied of the Appeal-Court's decision until December 10, 2015. Which

is 15 days after the decision and \ his alloted time to file his PDR.

(Pg.l) • ARGUMENT:

Texas Rules of Appellate Procedure 68.2(a)"First petition. The

petition must be filed within 30 days after either the day the a<

court of appeals' judgment was rendered or the day the last timely

motion for rehearing or timely motion for en banc reconsideration

was overruled by the court of appeals."

Texas Rules of Appellate Procedure 68.2(c)"Extension of time.

The Court of Criminal Appeals may extend the time to file a petit

ion for discretionary review if a party files a motion complying

with Rule 10.5(b) no later than 15 days after the last day for

filing the petition. The Court of Criminal Appeals may extend the

time to file a response or reply if a party files a motion comply

ing with Rule 10.5(b) either before or after the response or reply

is due."

Texas Rules of Appellate Procedure 10.5(1)(A)(C)&(3)(A)(B)(C)

(D)"(1)Contents of motion in general. All motions to extend time,

except a motion to extend time for filing a notice of appeal, must

state:(A)the deadline for filing the item in question;(C) the facts

relied on to reasonablyyexplain the need for an extension" Rule 10

.5"(3) Contents of motion to extend time to file petition for rev

iew or petition fo rdiscretionary review. A motion to extend time

to file a petition .for review or petition for discretionary review

must also specify: (A) the court of appeals; (B) the date of the

court of appeals' judgment; (C) the case number and style of the

case in th ecourt of appeals; and (D) the date every motion for r

rehearing or en banc reconsideration was filed, an deither the date

and nature of the court of appeals' ruling on th emotion,or that

it remains pending.

Answers to Rule 10.5 (3)(A) The appellant's case was filed in (Pg.2) the Court of Appeals Ninth District of Texas at Beaumont. (B) The

Court'of Appeals' judgement was rendered on November 25,2015. (C)

The styled case in the listed, court was an Appeal. The Case No's,

were 09-15-00439-CR; 09-15-00440-CR; 09-15-00441-CR. The case ..:

numbers were all listed together.(D) There is no motions filed to

request a rehearing in the Court of Appeals of the Ninth District.

Appellant recieved documentation of the order from the Court

of Appeals on December 10, 2015. Which is fifteen days after the

signed order. That being Appellant only had 30 days to file his

PDR the due date being on December 25, 2015.

Appelant needs time to properly research and compile his PDR.

Due to the late timing in him recieving the ORDER and that Appelant

is filing everything Pro-Se and that he is a Layman-At-Law, it is

unreasonable to conclude that he can fully'and adequately file his

PDR in the allotted time goverend by Rule 68,2

PRAYER:

Appellant respectfully requests for this Honorable Court to

extend his time [45] Forty-Five days after December 25,2015 so he

can adequately prepare his PDR. Appelant has never recieved a time

extension before in this matter concerning his PDR.

INMATE DECLARTION:

I, Tyler Leblanc, TDCJ# 1969518 currently confined at the Ruben

M. Torres Unit in Medina County, Texas declare.under penalty of

perjury that the above motion to?, file t imelextension for PDR'is

true and correct,

signed on this 15 day of December 2015

Tyler Tyle Leblanc TDCJ# 1969518

(Pg.3) *Under both federal law (28 U.S.C. § 1746) and State law (Art.132. 001, Texas C.P.R.C.) inmates incarcerated in Texas may use a unsworn declaration under penalty of perjury in place of a written declar ation sworn before a notary of public.*

CERTIFICATE OF SERVICE:

I hereby certify that a true & correct copy of the above motion

to file time extension for PDR has been forwarded to the following

address :

Texas Court of Criminal Appeals Court Clerk P.O. Box 12308 Austin, Texas 78711

By placing same in the Ruben M. Torres Unit U.S. Mailbox postage

pre-paid first class on this 15 day of December 2015

fer fo/Lf */%%n Leblanc TDCJ# 1969518 Ruben M Torres Unit 125 Private Road 4303 Hondo, Texas 78861

Carbon Copy on File:

(Pg.4) CourtiClerk , December 15, 2015

Can; you please file the enclose motion for., time extension for PDR in the proper fashion and manner. Thank you for your time and attention in this matter.

'PIL, *\msR TVler Leblanc TDCJt 1969518 Ruben M. Torres Unit i25 Private Road 4303 Hondo, Texas 78861

P.S. Can you:please send a stamped copied of the enclosed document for my personal records and proof of filing. Thank You for any inconvience this may cause you.