Maya, Jose

• Court: Court of Appeals of Texas
• Decided: September 1, 2015
• Docket: PD-1136-15
• Status: Published

Opinion

PD-1136-15 PD-1136-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/1/2015 9:56:57 AM Accepted 9/1/2015 2:22:36 PM ABEL ACOSTA No. __________________ CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS SITTING AT AUSTIN, TEXAS

JOSE MAYA Appellant September 1, 2015

V.

THE STATE OF TEXAS Appellee

On Petition for Discretionary Review from the Fifth Court of Appeals Sitting at Dallas, Texas in Cause No. 05-14-00486-CR On appeal from the 283rd Criminal District Court of Dallas County, Texas In Cause No. F12-34710-T

MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIE

COMES NOW Jose Maya, Appellant, and respectfully submits this Motion

1 for an Extension of Time in Which to File Petition for Discretionary Review in the

above entitled and numbered cause. In support of this Motion, Appellant would show

this Honorable Court the following:

I.

Appellant was charged by indictment with the offense of Indecency with a Child

by Contact. (CR: 11). Appellant pled not guilty to the primary charge in the indictment.

(CR: 66). A jury trial was held, and the jury found Appellant guilty of the offense.

(RR6: 71). After a hearing on punishment, the court assessed punishment at fourteen

years’ imprisonment. (RR6: 66). Judgment was entered by the trial court on April 16,

2014. (CR: 66). A notice of appeal was timely filed. (CR: 69).

II.

Appellant’s conviction was affirmed in the Court of Appeals on February 3,

2015 in an unpublished opinion. Maya v. State, No. 005-14-00486-CR, 2015 Tex.

App. LEXIS 8156 (Tex. App. – Dallas, August 4, 2015).

III.

The deadline for filing a Petition for Discretionary Review is September 3,

2015. Appellant brings this motion for an extension of time within 15 days of the last

date for filing Petition for Discretionary Review, i.e., by filing this motion

electronically on September 1, 2015. TEX. R. APP. P. 68.2 (c).

2 IV.

Appellant requests an extension of time for a period of thirty (30) days. No prior

request for an extension of time has been made.

The facts relied upon to show good cause for this requested extension are as

follows:

(1) The undersigned attorney filed a motion for rehearing in cause number

05-14-00635-CR styled Anthony Bernard Johnson v. State of Texas on July

10, 2015 pending in the 5th District Court of Appeals, Dallas, Texas.

(2) The undersigned attorney filed a petition for discretionary review in cause

number PD-0760-15 styled Anthony Chamberlain v. State of Texas on July

30, 2015 pending in the Texas Court of Criminal Appeals, Austin, Texas.

(3) The undersigned attorney filed a brief in cause number 05-14-01609-CR

styled Ricardo Velazquez v. State of Texas on August 10, 2015 pending in the

5th District Court of Appeals, Dallas, Texas.

(4) The undersigned attorney filed a brief in cause number 05-14-00945-CR &

05-14-00946-CR styled Laderek Kinte Reynolds v. State of Texas on August 19,

2015 pending in the 5th District Court of Appeals, Dallas, Texas.

3 (5) The undersigned attorney is preparing a brief in cause number 05-14-00186-

CR styled Charles Dewayne Hooks v. State of Texas pending in the 5th District

Court of Appeals, Dallas, Texas.

VI.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests

that this Honorable Court extend time for filing the Petition for Discretionary Review

for 30 days.

Respectfully submitted,

/s/ Nanette Hendrickson Lynn Richardson Nanette Hendrickson Chief Public Defender Assistant Public Defender Dallas County, Texas State Bar No. 24081423 Frank Crowley Courts Building 133 N. Industrial Blvd., LB-2 Dallas, Texas 75207-4399 nanette.hendrickson @dallascounty.org (214) 653-3582 (phone) (214) 653-3539 (fax)

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing brief was served on the Dallas County Criminal District Attorney’s Office (Appellate Section), 133 N. Industrial Blvd., LB-19, 10th Floor, Dallas, Texas, 75207, by hand delivery and electronic service to Lori Ordiway at DCDAAppeals@dallascounty.org on September 1, 2015.

/s/ Nanette Hendrickson Nanette Hendrickson 4