Espinoza, Ex Parte Angel Ricky A/K/A Jose Angel Ricky Espinoza ( 2015 )

PD-0877-15 PD-0877-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/14/2015 4:32:19 PM Accepted 7/15/2015 4:46:36 PM ABEL ACOSTA NO. CLERK COURT OF CRIMINALS APPEALS AUSTIN EX PARTE JOSE RICKY ESPINOZA APPELLANT'S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION Now comes Jose Ricky Espinoza, appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file a Petition for Discretionary Review. This motion is made according to Rules 38.6 and 10.5(b) of the Texas Rules of Appellate Procedure and for good cause appellant shows the Court the following: I. The Appellant is not currently incarcerated. 11. This case is on appeal from the Parker County Court which denied Appellant habeas relief on April 30, 2015. Appellant's First Motionfor Extension 1 July 15, 2015 III. This case was styled "Ex Parte Angel Ricky Espinoza A/K/A Jose Ricky Angel Espinoza" in the Second Court of Appeals, Appellate Cause No. 02-15-00074-CR. Judgment was issued in this matter without briefing on April 30, 2015 after the case was immediately set for review by a panel of the appellate court. Appellant's Motion for Rehearing was filed May 28 and disposed of on June 18, 2015. Appellant's deadline to file a Petition for Discretionary review is July 20, 2015. IV. Appellant requests a thirty (30) day extension to file his petition. This will extend the filing date until Wednesday, August 19, 2015. V. Appellant relies on the following facts as good cause for the requested extension; Counsel for Appellant is slated for trial Monday July 20 in the Appellant's First Motion for Extension 2 matter of The State of Texas v. Steven Francisco Webb in the District Court. Additionally, counsel is set for trial in the matter of The State of Texas v. Zachariah Browning in the Stephens County Court on August 10. Counsel ha^ two other pending appellate matters; Whitney Rogers v. The State of Texas. Notice has been filed in the Second Court of Appeals. Additionally, counsel represents Steve Mosher on his Petition for Mandamus of the 89^1^ District Court which will imminently be filed with the Second Court of Appeals. Counsel for Appellant has three contested matters set for final pretrial hearings and which will result in cases being set on the trial docket: The State of Texas v. Melanie Albright is set in the County Court of Young County on July 24 and trial on August 26. The State of Texas v. Derrill Dorsey and The State of Texas v. Tracshawn Davis are set for pretrial on July 16 in the 89" District Court. Additionally, counsel for Appellant has a case load of dozens of active, pending cases, both felony and misdemeanor and is scheduled to be in one of the five courts of Wichita County as well as county and district courts in over a dozen counties in which he must appear throughout the remainder of this month and August. Appellant's First Motionfor Extension 3 VI. No previous requests for extension of time to file have been sought or granted. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Appellant makes this prayer for extension that the Court grant a thirty (30) day extension of time until August 19, 2015, and avers that this request is not done merely for delay, but that justice may be done and, toward that end, that an informed and concise petition may be filed with this Court. Respectfully, submitted, Todd Greenwood Attorney at Law 900 Eighth Street Suite 716 Wichita Falls, Texas 76301 Tel./Fax: (940) 689-0707 /s] Todd Greenwood Todd Greenwood State Bar No. 24048111 Appellant's First Motionfor Extension CERTIFICATE OF CONFERENCE Prior to the filing of this motion, I made several attempts to confer with Natalie Barrett, the Parker County Assistant Attorney assigned to this case. I emailed this request to her office and received no objection to the extension. /s] Todd Greenwood Todd Greenwood CERTIFICATE OF SERVICE I hereby certify that the above and foregoing was emailed to the Parker County Attorney's Office, 1112 Santa Fe Drive, Weatherford, Texas 76087 on the 13" of July 2015 and to the State Prosecuting Attorney at P.O. Box 13046, Austin, Texas 78711-3046. /s1 Todd Greenwood Todd Greenwood Appellant's First Motionfor Extension