Rodriguez, Daniel Gonzalez

Opinion

NO. PD-1071-15

IN THE

COURT OP CRIMINAL APPEALS

OF TEXAS

DANIEL G. RODRIGUEZ FIRST COURT OF APPEALS Petitioner, § NO. 03-13-00778-CR

V. APPEAL FROM 351st DISTRICT

rTiHEj-^ffiATE OF TEXAS § COURT, HARRIS COUNTY TEXAS rILCIU UN Respondent, •% T.C. NO. 1380317 RECEIVED IN COURT OF CRIMINAL APPEALS PETITIONER'S SECOND COURT OF CRIWAL APPEALS OCT IS 2315 MOTION FOR EXTENSION OF TIME TO FILE OCT 15 2015 PRO SE MOTION FOR DISCRETIONARY REVIEW Abel Acosta, Clerk TO THE HONORABLE COURT OF CRIMINAL APPEALS: Abel Acosta, Cterk

COMES NOW* Daniel G. Rodriguez/ Petitioner in the above-

numbered and styled cause and requests an extension of time to :fi-le

petition for discretionary review. This is Petitioner's Second and

last motion.

On July 28< 2015/ the First Court of Appeals of Texas* en

tered its memorandum opinion affirming the trial courts judgement.

Petitioner's first motion for extension was granted on Aug. 19/

2015/ giving Petitioner until Oct. 26* 2015/ to file Petition.The

Court specifically stated NO FURTHER EXTENSIONS WILL BE ENTERTAINED.

Petitioner respectfully asserts that extraordinary circumstances

exist for the Court's consideration/ for allowing Petitioner an

additional 3,0-days to prepare an adequate Petition for review.

In this instance/ Petitioner* an indigent pro se litigant has

not receive a copy of "Appellant's Brief" or a copy of "State's

Brief". Neither appeal counsel/ the State or the Court of Appeals

has provided Petitioner with copies of briefs. Petitioner has no

materials (above) upon which to prepare an adequate Petition (PDR).

Petitioner has made several requests to his appeal counsel/ the

1. Court of Appeals* and the State Bar of Texas* for assistance in

obtaining said briefs. Petitioner has no other remedy and seeks an

extension only for the sole purpose of awaiting a response from

parties named above. This motion is not intended for purpose of

delay.

Respectfully submitted*

Daniel G. Rodriguez #1869538 C.T. Terrell Uit 1300 FM 655 Rosharon, TX 77583

Certificate of Service

This is to certify that a true and correct copy of the fore

going motion has been forwarded to the State's Attorney* P.O. Box

13046* Austin, TX.* 78711, via U.S. Mail, first-class postage pre

paid, on this the ^ day of Oct. 2015.

Unsworn Declaration

1/ Daniel G. Rodriguez/ TDCJ-ID No. 1869583/ being presently

incarcerated in C.T. Terrell Unit in Brazoria County, TX./ declare

under penalty of perjury that the information stated herein is

true and correct.

So Sworn, on this (n day of Oct. / 2015.

2.