Smith, Larry Joe

• Court: Texas Supreme Court
• Decided: January 22, 2015
• Docket: PD-0074-15
• Status: Published

Opinion

PD-0074-15 PD-0074-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/20/2015 12:38:13 PM January 22, 2015 Accepted 1/22/2015 2:55:04 PM ABEL ACOSTA Cause No. PD______________ CLERK No. 12-13-00033-CR (12th COA)

LARRY JOE SMITH § IN THE COURT Petitioner § § vs. § OF CRIMINAL APPEALS § THE STATE OF TEXAS § Respondent § FOR THE STATE OF TEXAS

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE A PRO SE PETITION FOR DISCRETIONARY REVIEW PURSUANT TO TEX. R. APP. PROC. 68.2(c)

TO THE HONORABLE COURT:

Now comes Austin Reeve Jackson, counsel for Petitioner in the Twelfth

Court of Appeals in the above entitled and numbered cause, and makes this Motion

For Extension of Time to File a Pro Se Petition for Discretionary Review, on

behalf of Appellant, who is unable to do so, and for good cause shows the

following:

I.

The Twelfth Court of Appeals returned an opinion affirming Appellant’s

conviction in this matter on 17 December 2014. Smith v. State, 12-13-00033-CR

(Tex.App.—Tyler 2014). No Motion for Rehearing was filed in that court.

Consequently, a Petition for Discretionary Review, if any, is to be filed by 16

January 2015. II.

Although Petitioner was timely notified of his right to pursue a Petition for

Discretionary Review, and although that notification included informing Petitioner

that he would need to file that petition without representation from undersigned

counsel, counsel has nonetheless received today, 20 January, a letter from Mr.

Smith indicating he does in fact desire to pursue a PDR and requesting counsel to

do so on his behalf. This letter was dated by Mr. Smith 12 January and post-

marked 13 January indicating that he was attempting to make some filing prior to

the expiration of the 16 January deadline.

Counsel is today again informing Mr. Smith that undersigned counsel cannot

represent him in this matter and again discussing with him his right to proceed pro

se or with retained counsel. Because counsel did not received Mr. Smith’s letter

until after the 16 January deadline had run, and because, therefore, no repose could

be make before the 16th, counsel would respectfully request on behalf of Mr.

Smith and extension of thirty days for him to file a PDR should he still desire to do

so.

WHEREFORE, PREMISES CONSIDERED, undersigned counsel

respectfully prays that, in accordance with the applicable law, the Court grant this

Motion and extend the time by which to have a Petition for Discretionary Review

filed by thirty days. Respectfully submitted,

/s/Austin Reeve Jackson Texas Bar No. 24046139 JLawAppeals@gmail.com 112 East Line, Suite 310 Tyler, TX 75702 Telephone: (903) 595-6070 Facsimile: (866) 387-0152

CERTIFICATE OF SERVICE

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

document was served on counsel for the State by facsimile concurrently with its

filing.

/s/Austin Reeve Jackson