Robinson, Olin Anthony

Opinion

PD-0974-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 12/15/2015 2:27:11 PM December 16, 2015 Accepted 12/15/2015 4:00:23 PM ABEL ACOSTA

No. PD-0974-15 CLERK

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS

OLIN ANTHONY ROBINSON,

Petitioner,

vs.

THE STATE OF TEXAS,

Respondent.

Petition in Cause No. 05-05-7221 from the 24th Judicial District Court of Jackson County, Texas and the Court of Appeals for the Thirteenth Supreme Judicial District of Texas in Cause No. 13-13-00571-CR

PETITIONER'S STATEMENT REGARDING THE COURT GRANTING THE STATE'S MOTION TO EXTEND TIME TO FILE ITS BRIEF

TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

COMES NOW OLIN ANTHONY ROBINSON, Petitioner, and files his

Statement Regarding the Court Granting the State's Motion to Extend Time to File

its Brief, and in support of said statement would respectfully show the Court the

following:

1.

Robert E. Bell, Esquire, the Jackson County District Attorney, has always

been properly and timely served regarding the appellate litigation in the above-

entitled and numbered cause. The Court is requested to take judicial notice of

Petitioner's Exhibit "A" attached to this statement. Page 2 of the exhibit reflects

the e-mail address given by District Attorney Bell in which the Petition for

Discretionary Review was served. The document was received and opened by

District Attorney Bell. This Court did not receive a response from District Attorney

Bell concerning the Petition for Discretionary Review.

The Court is requested to take judicial notice of Petitioner's Exhibit "B"

attached to this statement. Page 2 of the exhibit reflects that Petitioner's Brief on

the Merits was served to the same e-mail address given by District Attorney Bell.

However, District Attorney Bell chose not to open the e-mail. The reason that the

State' s Brief on the Merits is late is not due to any fault of Petitioner's counsel but

is due to the neglect of District Attorney Bell in not opening his e-mail. Petitioner's

counsel is highly offended that that State's current counsel would intimate that the

State was not properly and timely served. Such statements by the State' s current

are totally untrue and stretch creduelty to its limits. This Court should seriously

reconsider its granting the State the additional time to file its Brief on the Merits

based upon the untrue statements of its present counsel.

Respectfully submitted,

WILLIE & ASSOCIATES, P.C.

By:/sl Joseph R. Willie, II, D.D.S., J.D.

Joseph R. Willie, II, D.D.S ., J.D. 4151 Southwest Freeway, Suite 490 Houston, Texas 77027 (713) 659-7330 (713) 599-1659 (FAX) SBOT# 2 1633500 attyjrwii@wisamlawyers.com

ATTORNEY FOR PETITIONER OLIN ANTHONY ROBINSON

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served via e-service to Robert E. Bell, Jackson County District Attorney, 115 W. Main Street, Room 205 , Edna, Texas 77957, Jim Vollers, 2201 Westover Road, Austin, Texas 78703 and the State Prosecuting Attorney, P.O. Box 12405, Capitol Station, Austin, Texas 78711 , on the 15th day of December, 2015.

lsi Joseph R. Willie, II, D.D.S., J.D. Joseph R. Willie, II, D.D.S ., J.D.

CERTIFICATE OF COMPLIANCE

I certify that Petitioner' s Statement submitted complies with TEX. R. APP. P.

9 and the word count of this document is 304. The word processing software used to prepare the document and to calculate the word count is Windows 7.

lsi Joseph R. Willie, II, D.D.S ., J.D. Joseph R. Willie, II, D.D.S., J.D.

Envelope Details Page I of2

Print this page

Case # PD-0974-1S Case Information Location Court Of Criminal Appeals Date Filed 07/28/201505:49:16 PM Case Number PD-0974-15 Case Description Assigned to Judge Attorney Joseph Willie, II Firm Name Willie & Associates, P.C. Filed By Joseph Willie, II Filer Type Not Applicable Fees Convenience Fee $0.00 Total Court Case Fees $0.00 Total Court Filing Fees $0.00 Total Court Service Fees $0.00 Total Filing & Service Fees $0.00 Total Service Tax Fees $0.00 Total Provider Service Fees $0.00 Total Provider Tax Fees $0.00 Grand Total $0.00 Payment EXHIBIT

Account Name Willie & Associates, P.C. Transaction Amount Transaction Response $0.00 I - -- - -

Transaction ID 10269459 Order # 006263183 -0 -------.--- - - -- - --- --------- -----------------

Petition for Discretionary Review Filing Type EFileAndServe Filing Code Petition for Discretionary Review Filing Description Petition for Discretionary Review Reference Number 9999 Comments Status Accepted Accepted Date 07/29/2015 II :48:38 AM Fees Court Fee $0.00

...... / . ~ ,,..,,, . ,..

Envelope Detail s Page 2 of2

Service Fee $0.00 Documents Lead Document Olin.Robinson.pet.review.2.final.pdf [Original] [Transmitted]

eService Details Date/Time

Name/Email Firm Service Type Status Served Opened

Lisa C. McMinn 07/2912015 EServe Sent Yes information@spa.texas.gov 08:55 :44 AM Jackson County

Robert E Bell 07/29/2015 District Attorney's EServe Sent Yes eCmitchell@yahoo.com 12:06:21 PM Office

Envelope Details Page 1 of2

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Case # PD-0974-1S Case Information Location Court Of Criminal Appeals Date Filed 11105/201510:30:31 PM Case Number PD-0974-15 Case Description Assigned to Judge Attorney Joseph Willie, II Firm Name Willie & Associates, P .C. Filed By Joseph Willie, II Fi ler Type Not Applicable Fees Convenience Fee $0.00 Total Court Case Fees $0.00 Total Court Filing Fees $0.00 Total Court Service Fees $0.00 Total Filing & Service Fees $0.00 Total Service Tax Fees $0.00 Total Provider Service Fees $0.00 Total Provider Tax Fees $0.00 EXHIBIT Grand Total $0.00 Payment I II ' ] "

Account Name Willie & Associates, P.e. Transaction Amount $0.00 Transaction Response Transaction ID 12585374 Order # 007712000-0 - - - . - - -..- - - - - -

Brief Filing Type EFileAndServe Filing Code Brief Fi ling Description Brief of Petitioner on the Merits Reference Number 9999 Comments Status Accepted Accepted Date 11109/201507:30 :39 AM Fees Court Fee $0.00

Envelope Detail s Page 2 of2

Service Fee $0.00 Documents Lead Document Olin.Robinson.pdr.brief.merits. finaL l .pdf [Original] [Transmitted]

eService Details Date/Time

Name/Email Firm Service Type Status Served Opened

Jackson County

Robert E Bell District Attorney's EServe Sent Yes Not Opened ef_mitchell@yahoo.com Office

Lisa C. McMinn 11106/2015 EServe Sent Yes information@spa.texas. gov 10:54:29 AM