Polanco, Joe ( 2015 )

COURT OF APPEALS CAUSE NOS. 05-14-00212-CR and 05-14-00213-CR
TRIAL COURT CAUSE NOS. 401-81063-2011 & 401-80435-2012
JOE POLANCO, Appellant IN THE COURT OF CRIMINAL
APPEALS
vs. IN AUSTIN, TEXAS
THE STATE OF TEXAS, Appellee 401st JUDICIAL DISTRICT
MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, Joe Polanco, Appellant, and files this Motion for Extension of Time to File
Appellant's Petition for Discretionary Review, pursuant to Rules 10.5(b) and 68.2(c), Texas
Rules of Appellate Procedure. As grounds in support of this Motion, Appellant states the
following:
1. The Court of Appeals for the Fifth District of Texas at Dallas issued a Memorandum
Opinion on February 25, 2015.
2. The Appellant submitted to the Court a Motion for Rehearing.
3. The Motion for Rehearing was denied on March 27, 2015.
4. Appellant requests an extension of sixty (60) days to file the Petition.
5. Appellant is requesting additional time to prepare a Petition for Discretionary Review
in that Appellant has continued to make efforts to try and retain an attorney to assist him in
preparing a petition. Appellant has not been able to retain an attorney to assist him.
6. With more time, Appellant is hopeful that he will be able to retain an attorney to assist
him in this matter.
FILED IN
COURT OF CRIMINAL APPEALS RECEIVED IN
COURT OF CRIMINAL APPEALS
SEP 10 2015
AUG 28 2015
Abel Acosta, Clerk
Abel Acosta. Clerk
7. If for some reason, Appellant is not able to retain an attorney, would the court
consider appointing an attorney to assist Appellant in this matter. If not, Appellant will continue
to seek representation.
8. If an attorney is retained, the attorney will need additional time to review all
documents necessary to assist him/her in preparing a Petition for Discretionary Review.
9. Appellant's grandmother continues to suffer from Dementia. She recently suffered a
terrible fall. During her treatment, it was learned that she is also suffering from Congestive
Heart Failure. That has been very difficult for Appellant.
PRAYER
Appellant prays that he be granted the relief requested in this motion and that said Court
allow him a sixty (60) day extension to prepare a Petition for Discretionary Review.
tespectfullj^submitted,
irSiCreek
Littte-Eifn, TexV75069
Telephone: (972) 404-6818
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Greg
Willis, John R. Rolater, Jr., and Zeke Fortenberrv^-Collin QTonty^vstriak Attorney, 2100
Bloomdale Road, Suite 20004, McKinney Tex^s-2£071-8313 this^CT^day of August, 2015.
August 25, 2015
Priority Mail
Court of Criminal Appeals
P.O. Box 12308
Austin, Texas 78711
Re: Joe Polanco vs. The State of Texas; Petition for Review; PD-0490-15 and
0491-15
Dear Sir or Madam:
Please find enclosed a Motion for Extension of Time to File Appellant's Petition for
Discretionary Review for the Court's consideration. Per my conversation with Mark Adams
from your office, being that the Petition for Review is due on August 25th, he suggested that I
include the Motion for Extension of Time along with the Petition just in case the motion is
not granted. If the motion is granted, then it is my understanding that the PDR will be
discarded.
T4raftk-yjauforyour consideration in this matter.
/
PITNEY BOWES
02 ip $ 006.00°
0001730069 AUG 25 2015
MAILED FROM ZIPCODE88001
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Joe Polanco
2309 Coolmist Creek § 2
Little Elm, Texas 75069
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