Reyes, Colette

Opinion

PD-1627-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS December 18, 2015 Transmitted 12/16/2015 3:12:59 PM Accepted 12/18/2015 1:51:27 PM ABEL ACOSTA CLERK IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

COLETTE REYES § APPELLANT § § VS. § NO. ____________________ § THE STATE OF TEXAS § APPELLEE §

APPELLANT’S MOTION FOR EXTENSTION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS:

COMES NOW COLETTE REYES hereinafter referred to as Appellant, by and through

her attorney of record, WES BALL and files this her MOTION FOR EXTENSTION OF TIME

TO FILE PETITION FOR DISCRETIONARY REVIEW, pursuant to Texas Rule of Appellate

Procedure 68.2, and in support thereof would show the Court as follows:

I.

Appellant was convicted of the offense of Murder and was sentenced to forty-five (45)

years confinement in the Institutional Division of the Texas Department of Criminal Justice and

at this time is incarcerated. Following her conviction, Appellant appealed to the Second Court of

Appeals, sitting in Fort Worth, Texas.

On November 12, 2015 the Second Court of Appeals issued its decision affirming

Appellant’s conviction and sentence in Colette Reyes v. The State of Texas, No. 02-13-00563-CR

(Tex. App. – Fort Worth).

Motion for Extension of Time to File Petition for Discretionary Review Page 1 of 3 On November 19, 2015, Appellant filed a Motion for Rehearing, and on November 25,

2015 the Motion for Rehearing was denied by the Second Court of Appeals. It is Appellant’s

desire to Petition this Honorable Court for review of her case in a Petition for Discretionary

Review.

Appellant’s undersigned counsel has just assumed responsibility for the filing of the

Petition for Discretionary review and is unable to file the Petition for Discretionary Review by

the current due date. Appellant’s Petition is due on December 24, 2015. Appellant is confident

that her petition will be completed and filed on or before January 23, 2016. This would only

consist of a delay from the previous due date of thirty (30) days. There have been no previous

extensions sought or granted for this filing.

WHEREFORE, PREMISES CONSIDERED, APPELLANT prays that this Honorable

Court enter an order granting this request for an extension of time to file her Petition for

Discretionary Review until January 23, 2016.

Respectfully submitted,

/s/ Wes Ball WES BALL State Bar No: 01643100 4025 Woodland Park Blvd., Suite 100 Arlington, Texas 76013 Email: WBnotices@ballhase.com Tel: (817) 860-5000 Fax: (817) 860-6645

ATTORNEY FOR APPELLANT

Motion for Extension of Time to File Petition for Discretionary Review Page 2 of 3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion for

Extension of Time to file Petition for Discretionary Review was delivered by Efile portal to the

Post-Conviction Division of the Tarrant County District Attorney=s Office, Fort Worth, Texas

and the State Prosecuting Attorney, Austin, Travis County, Texas on this the 16th day of

December, 2015.

/s/ Wes Ball WES BALL Attorney for Defendant

CERTIFICATE OF CONFERENCE

On the 16th day of December, 2015, Malinda Davis, Assistant to Appellant=s counsel

contacted Assistant District Attorney, Debra Windsor, with the Post-Conviction Division of the

Tarrant County District Attorney=s Office regarding the foregoing Motion and has been advised

that the state does not oppose the Motion.

/s/ Wes Ball_______________________________ WES BALL

Motion for Extension of Time to File Petition for Discretionary Review Page 3 of 3