Hayes, Matthew Douglas ( 2015 )

PD-0885&0886-15 PD-0885&0886-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/16/2015 7:11:30 AM Accepted 7/17/2015 2:42:42 PM No. ____________ ABEL ACOSTA CLERK In the Court of Criminal Appeals At Austin  No. 04-14-00878-CR No. 04-14-00879-CR In the Court of Appeals for the Fourth District of Texas at San Antonio  No. 2013CR10841W No. 2013CR10842W In the 437th District Court Bexar County, Texas  MATTHEW DOUGLAS HAYES Appellant V. THE STATE OF TEXAS Appellee  APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW  July 17, 2015 TO THE HONORABLE COURT OF APPEALS: APPELLANT, pursuant to TEX. R. APP. P. 68.2(c) moves for an extension of time within which to file its petition for discretionary review. In support of its motion, appellant submits the following: 1. Appellant was charged with two felony offenses of aggravated robbery. 2. Appellant pled guilty to the charged offenses and submitted to a pre- sentence investigation. There was an agreement that the court’s sentence could not exceed ten years confinement in the Institutional Division of the Texas Department of Criminal Justice. After a hearing was held, appellant was sentenced to seven years confinement in the Institutional Division of the Texas Department of Criminal Justice on September 9, 2014. 3. A motion for new trial was timely filed. It was overruled by operation of law. Appellant filed a notice of appeal and subsequently filed a brief with the Fourth Court of Appeals. 3. In a Per Curium decision, the Fourth Court of Appeals dismissed appellant’s appeal for lack of jurisdiction on June 10, 2015. 4. By appellant’s calculation, a petition for discretionary review would be due in this Court on July 10, 2015. However, CaseMail indicates that the petition is due on July 27, 2015. 5. Out of an abundance of caution, and in the event a mistake was made in calculating the time, appellant seeks an extension, in accordance with TEX. R. APP. P. 68.2(c), until July 27, 2015, to file its petition for discretionary review. 2 WHEREFORE, the Appellant prays that this Court will grant the requested extension until July 27, 2015. Respectfully submitted, /s/MANDY MILLER Attorney for appellant 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com CERTIFICATE OF SERVICE Pursuant to TEX. R. APP. P. 9.5, this certifies that on July 16, 2015, a copy of the foregoing was delivered to the following addresses: Amanda Byrd Amanda.Byrd@bexar.org Bexar County District Attorney’s Office Lisa McMinn State Prosecuting Attorney lisa.mcminn@spa.state.tx.us /S/MANDY MILLER 3