Rodriguez, Emilio

Opinion

PD-0406-15

PD-0406-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 4/10/2015 2:21:43 PM Accepted 4/15/2015 3:50:16 PM NO. ______________________ ABEL ACOSTA CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

EMILIO RODRIGUEZ V. THE STATE OF TEXAS

FROM THE SEVENTH COURT OF APPEALS CAUSE NO. 07-14-00202-CR

ON APPEAL FROM CAUSE NO. 2014-401,172 IN THE 364TH DISTRICT COURT LUBBOCK COUNTY, TEXAS

HON. BRAD UNDERWOOD, JUDGE PRESIDING HON. JOHN J. MCCLENDON, JUDGE PRESIDING BY ASSIGNMENT CECIL G. PURYEAR, JUDGE PRESIDING BY ASSIGNMENT

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

JULIE GOEN PANGER

Counsel for Appellant/Petitioner The Kiechler Law Firm

619 Broadway Street

Lubbock, Texas 79401

Telephone (806) 712-2889

April 15, 2015 Facsimile (808) 712-2529 State Bar Number 24069793 Email: julie@thelubbocklawyer.com

April 10, 2015

To the Honorable Court of Criminal Appeals of Texas:

COMES NOW, EMILIO RODRIGUEZ, Appellant/Petitioner herein, and files this Motion for Extension of Time to File Petition for Discretionary Review pursuant to TEX. R. APP. P. 10.1, 10.5, and 68.2, and in support thereof would show the Court as follows:

I.

The opinion of the Seventh Court of Appeals in Cause No. 07-14-00202-CR, affirming the conviction, was rendered on February 25, 2015.

II.

The number and style of the case in the District Court is Cause No. 2014-

401,172, State of Texas v. Emilio Rodriguez.

III.

Appellant/Petitioner was convicted by a jury of robbery, enhanced by prior felony convictions. He was then sentenced to ninety-nine (99) years’ imprisonment.

IV.

The original deadline for filing the petition for discretionary review was March 27, 2014. This Motion is being filed within fifteen (15) days of such deadline, pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure.

V.

No extensions of time to file the petition for discretionary review have been previously requested or granted.

VI.

Counsel for Appellant relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension:

A. Counsel has been made aware of a United States Supreme Court case, decided on March 30, 2015, which specifically relates to the facts of this case and will likely have a bearing on this Court’s review of this case. See Woods v. Donald, 575 U.S. ____ (2015), No. 14-618, decided March 30, 2015.

VII.

Counsel for Appellant seeks this extension of time to be able to prepare a cogent and succinct petition to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done.

VIII.

WHEREFORE, PREMISES CONSIDERED, Appellant requests that this Court grant an extension of time to file the petition for discretionary review until April 24, 2015.

Respectfully submitted,

The Kiechler Law Firm PLLC 619 Broadway

Lubbock, Texas 79401

806.712.2889p

806.712.2529f

julie@thelubbocklawyer.com

_/s/ Julie Goen Panger_________ Julie Goen Panger

SBN: 24069793

CERTIFICATE OF SERVICE

I certify that on April 10, 2015, I provided a copy of this Motion to Jeff Ford, Lubbock County District Attorney, Attorney for the State, by electronic service at jford@lubbockcda.com.

_/s/ Julie Goen Panger_________ Julie Goen Panger