Rodriguez, Diana Solis

• Court: Court of Appeals of Texas
• Decided: September 14, 2015
• Docket: PD-1178-15
• Status: Published

Opinion

PD-1178-15 PD-1178-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/10/2015 12:47:59 PM Accepted 9/14/2015 2:19:23 PM ABEL ACOSTA CAUSE PD-_____________ CLERK CAUSE NO. 11-13-00234-CR

IN THE COURT OF CRIMINAL APPEALS OF TEXAS AUSTIN, TEXAS _________________________________________________

DIANA SOLIS RODRIGUEZ, Appellant September 14, 2015 v. THE STATE OF TEXAS, Appellee

_________________________________________________

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

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

COMES NOW, DIANA SOLIS RODRIGUEZ, Appellant, by and

through counsel of record and files this, her First Motion for an Extension of

Time Within Which to File Appellant’s Petition for Discretionary Review

(PDR). In support of said Motion, Appellant would respectfully show this

Honorable Court as follows:

I.

On August 13, 2015, the Eleventh Court of Appeals at Eastland,

Texas, upheld the trial court’s conviction for aggravated robbery in cause

number TC 10395-D styled The State of Texas vs. Diana Solis Rodriguez

with appellate court number 11-13-00234-CR. Appellant was assessed a

1 sentence of five years imprisonment in the Institutional Division of the

Texas Department of Criminal Justice.

II.

This First Motion for Extension of Time Within Which to File

Appellant’s PDR is filed on or before the due date for the filing of

Appellant’s PDR pursuant to Rules 4 and 9.2 Texas Rules of Appellate

Procedure. Appellant’s due date is September 13, 2015.

III.

Appellant relies on the following facts as good cause for the requested

extension: Appellant’s counsel only learned today that the Court of Appeals

rendered a decision on August 13, 2015, and she has only this date notified

Appellant of that fact as required by Tex. R. App. P. 48.4 (by certified mail,

return receipt requested). Appellant seeks an additional 30 days to file

Appellant’s PDR or until October 13, 2015 to allow Appellant adequate time

to file said pro se PDR should she choose to do so.

IV.

Counsel does not seek this additional time to intentionally disregard

this Honorable Court’s docket and scheduling order, but the effective

preparation of the PDR in this matter as well as compliance with the

2 applicable rules deem it necessary to ask for the additional time within

which to file Appellant’s Petition for Discretionary Review.

WHEREFORE, Appellant prays that the Honorable Justices of this

Court would, in all things, GRANT this First Motion for Extension of Time

Within Which to File Appellant’s Petitions for Discretionary Review and

would extend the deadline in this causes to October 13, 2015.

COPELAND LAW FIRM P.O. Box 399 Cedar Park, TX 78613 Mobil/Text: 512.897.8126 Fax: 512.215.8114 Email: ecopeland63@yahoo.com By: /s/ Erika Copeland Erika Copeland State Bar No. 16075250 Attorney for Appellant

CERTIFICATE OF SERVICE AND OF COMPLIANCE WITH RULE 9

This is to certify that on September 9, 2015, a true and correct copy of the above and foregoing document was served on:

State Prosecuting Attorney Taylor County District Attorney P.O. Box 12405 300 Oak St., Ste. 300 Capital Station Abilene, Texas 79602 Austin, Texas 78711

in accordance with the Texas Rules of Appellate Procedure, and that the Motion For Extension Of Time Within Which To File Appellant’s Petition For Discretionary Review is in compliance with Rule 9 of the Texas Rules of

3 Appellate Procedure and that portion which must be included under Rule 9.4(i)(1) contains 532 words.

/s/ Erika Copeland Erika Copeland