Cruz-Romero, Miguel Angel ( 2015 )

PD-0696-15
PD-0696-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
June 8, 2015 Transmitted 6/8/2015 11:32:20 AM
Accepted 6/8/2015 4:51:51 PM
ABEL ACOSTA
Cause No. PD______________ CLERK
No. 12-14-00090-CR (12th COA)
MIGUEL CRUZ-ROMERO § IN THE COURT
Petitioner §
§
vs. § OF CRIMINAL APPEALS
§
THE STATE OF TEXAS §
Respondent § FOR THE STATE OF TEXAS
PETITIONER’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE A PRO SE PETITION FOR DISCRETIONARY REVIEW
PURSUANT TO TEX. R. APP. PROC. 68.2(c)
TO THE HONORABLE COURT:
Now comes Miguel Romero and makes this Motion For Extension of Time
to File a Pro Se Petition for Discretionary Review and for good cause shows the
following:
I.
The Twelfth Court of Appeals returned an opinion affirming Petitioner’s
conviction in this matter on 22 April 2015. Cruz-Romero v. State, 12-14-00090-
CR (Tex.App.—Tyler 2015). No Motion for Rehearing was filed in that court.
Consequently, a Petition for Discretionary Review, if any, was to be filed by 22
May 2015.
II.
Petitioner was timely notified of his right to pursue a Petition for
Discretionary Review and has been attempting to obtain the records in this case for
the purpose of filing a pro se PDR while, simultaneously, his family has been
attempting to retain an attorney to assist in this matter.
Several weeks ago Petitioner contacted undersigned counsel who had
represented Petitioner in the Twelfth Court of Appeals and asked for assistance in
obtaining additional time to file a PDR. Petitioner was provided with a pro se
motion to obtain an extension of time to file his PDR along with instructions to
send the same to the Court. However, today, 8 June, the motion was returned to
counsel’s office rather than to the Court.
Under Rule 68.2(c), the Court may entertain a motion for an extension of
time filed no later than 15 days after the last day for filing a PDR. TEX. R. APP.
PROC. 68.2(c). Because that fifteen-day period in this case expired on 7 June, a
Sunday, today, 8 June is the last day for such a filing. TEX. R. APP. PROC. 4.1(a).
Because he has made clear his desire to file a PDR, but has misfiled
documents with counsel rather than the Court, undersigned counsel seeks to file
this motion for an extension of time to file a PDR on Petitioner’s behalf.
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully
prays that, in accordance with the applicable law, the Court grant this Motion and
extend the time by which to have a Petition for Discretionary Review filed by
thirty days.
Respectfully submitted,
/s/Austin Reeve Jackson
Texas Bar No. 24046139
112 East Line, Suite 310
Tyler, TX 75702
Telephone: (903) 595-6070
Facsimile: (866) 387-0152
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document
was served on counsel for the State by efile concurrently with its filing.
/s/Austin Reeve Jackson