Hall, John ( 2015 )

PD-1341-15 PD-1341-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
October 15, 2015 Transmitted 10/14/2015 3:20:48 PM
Accepted 10/15/2015 2:35:11 PM
NO. ABEL ACOSTA
CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
I
JOHN HALL, §
Appellant §
vs. § COA NO. 13-14-00044-CR
TRIAL COURT NO. 36,772
THE STATE OF TEXAS, §
Appellee §
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION
FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES JOHN HALL, Appellant herein, and moves this
Honorable Court for an extension of time to file Appellant's
Petition for Discretionary Review ("PDR") in this cause pursuant to
Rules 10.5(b) and 68.2(c) of the Texas Rules of Appellate Procedure
and in support thereof would show the Court as follows:
I.
On September 11, 2013, Appellant was found guilty of Theft
$1500-$20,000, a State Jail Felony, in the 66th District Court of
Hill County, Texas. The jury sentenced Appellant to 180 days in
the State Jail Division of the Texas Department of Criminal
Justice, imposed a fine of $2500.00 and further recommended
probation/suspension of the State Jail sentence. On October 2,
2013, the trial court judge formally sentenced Appellant to
probation for five (5) years and assessed restitution in the amount
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a Motion for New Trial and requested an evidentiary hearing. On
November 5, 2013, the trial court judge denied the motion without
an evidentiary hearing, but provided Findings of Fact and
;
Conclusions of Law. Appellant timely gave his Notice of Appeal.
The Waco Court transferred this appeal to the Thirteenth Court of
Appeals on January 14, 2014.
II.
On July 16, 2015, the Corpus Christi Court issued a memorandum
'
opinion affirming the trial court's judgment. Appellant's timely
filed motion for rehearing was denied on September 2, 2015.
Appellant hereby requests an extension of time to file Appellant's
PDR and would show unto the Court that at least thirty (30) days
will be needed to allow the completion of Appellant's PDR. No
previous extension of time has been heretofore filed in this cause.
This Motion is timely if filed on or before October 17, 2015.
This case appears to be one of first impression as it presents
a visit to Judge Meyers' concurring opinion and novel suggestion in
Cabala v. State, 6 S.W.3d 543, 553 (Tex. Crim. App. 1999) (Meyers,
J., concurring). Under the "principal motivation" test, Appellant
has the burden of proving by a preponderance of the evidence that
the State's principal motivation in pursuing a theft conviction was
to collect the debt discharged in bankruptcy. Id. This case is of
utmost importance to the jurisprudence of the State of Texas and
its debtor citizens. See also Kelly v. Robinson, 479 U.S. 36, 52
( 1986) 0
The undersigned counsel simply requests additional time so as
to guarantee Appellant effective assistance of counsel. Ex parte
Dietzman, 790 S.W.2d 305 (Tex. Crim. App. 1990); Ex parte Coy, 909
;
S.W.2d 927 (Tex. Crim. App. 1995); Ex parte Daigle, 848 S.W.2d 691
(Tex. Crim. App. 1993).
PRAYER
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on
behalf of Appellant, respectfully prays this Honorable Court extend
the time for filing Appellant's'Petition for Discretionary Review
in this cause until November 12, 2015.
RESPECTFULLY SUBMITTED,
SBN 00795775
115 N. Henderson Street
Fort Worth, Texas 76102
(817)870-1544
(817)870-1589 fax
ATTORNEY FOR APPELLANT
a
'
CERTIFICATE OF SERVICE
As Attorney'of Record for Appellant, I do hereby Certify that
a true and correct copy of the above and foregoing document was
I
this date provided to the Attorney for the State, Hon. Nicole
Crain, via U.S. Mail.
Date:l0/14/15