Sosa, Jose Luis

Opinion

PD-1233-15

PD-1233-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 9/18/2015 11:20:24 AM Accepted 9/22/2015 12:06:58 PM No. ___________ ABEL ACOSTA CLERK

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IN THE TEXAS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

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JOSE SOSA,

Petitioner

THE STATE OF TEXAS,

Respondent

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Petition for Discretionary Review sought from THE COURT OF APPEALS

FOR THE THIRD SUPREME JUDICIAL DISTRICT AUSTIN, TEXAS

No. 3-13-00764-CR

On Appeal from the District Court 403rd Judicial District

of Travis County, Texas

Cause No. D1DC-11-205390

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MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

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TO THE HONORABLE TEXAS COURT OF CRIMINAL APPEALS:

COMES NOW JOSE SOSA, Appellant in the above-styled and numbered cause, and moves for an extension of time pursuant to Texas Rule of Appellate Procedure 68.2(c) to file his Petition for Discretionary Review and would show the Court as follows:

September 22, 2015

I.

The decision of the trial court at the pretrial hearing, and the judgment of guilty at jury trial, was affirmed by the Third Court of Appeals, sitting in Austin. T.R.A.P. 10.5(b)(3)(A). The date of the court of appeals’ judgment was August 18, 2015. T.R.A.P. 10.5(b)(3)(B). The case number and style was Sosa v. State, No. 3-13-00764-CR. T.R.A.P. 10.5(b)(3)(C). A sentence of community supervision was rendered in this case II.

Petition for Discretionary Review is due September 18, 2015. T.R.A.P. 10.5(b)(1)(A), 68.2(a).

III.

This extension of time is necessary due to counsel being scheduled for trial in State of Texas v. LaJustice Moore, Cause No.14--05270-CRF-272, on Tuesday, September 22, 2015, in the 272nd District Court in Brazos County, Texas. In addition, counsel has recently moved to the Dallas area and his previous areas of practice were Travis and Brazos County. Counsel has been travelling and been out of the office to work on those cases the past month. Due to this trial setting and time spent travelling, counsel needs more time to prepare the petition.

IV.

This is the first request for extension of time to file petition for discretionary review.

T.R.A.P. 10.5(b)(1)(D).

V.

Petitioner respectfully requests an extension of thirty (30) days to file his petition, and that the petition be due on October 19, 2015. T.R.A.P. 10.5(b)(1)(B). In the alternative, Petitioner respectfully requests an extension of such other length of time as this Court believes reasonable and necessary.

WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays that an extension of time to file brief be granted for thirty days, or such other period of time as this Court considers appropriate.

Respectfully submitted,

/s/ David W. Crawford

David W. Crawford

State Bar No. 24031601

Crawford and Cruz PLLC

P.O. Box 686

Austin, Texas 78759

Telephone (512) 795-2000

Telefacsimile (512) 237-7792 Email: dcrawford@crawfordcruz.com Attorney for Appellant

CERTIFICATE OF SERVICE

I hereby certify that pursuant to TRAP 9.5 and 68.11 a true and correct copy of the above has been forwarded by U.S. mail to counsel for appellee District Attorney Rosemary Lehmberg, PO Box 1748, Austin TX 78767,

and to:

State’s Prosecuting Attorney PO Box 12405 Austin TX 78711

on this the 18th day of September, 2015.

/s/ David W. Crawford