Robbie Dale Walker v. State ( 2015 )

ACCEPTED
03-13-00296-CR
6318920
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/31/2015 5:42:41 PM
JEFFREY D. KYLE
No. 03-13-00296-CR CLERK
IN THE COURT OF APPEALS FOR
THE THIRD JUDICIAL DISTRICT OF TEXAS, AT FILED
AUSTIN
IN
3rd COURT OF APPEALS
Robbie Dale Walker AUSTIN, TEXAS
7/31/2015 5:42:41 PM
Appellant JEFFREY D. KYLE
Clerk
v.
The State of Texas
Appellee
On Appeal in Case Number CR11-0908, from the 207th District
Court of Hays County, the Hon. Jack H. Robison, Judge Presiding
Unopposed Motion for Leave to File
Out-of-Time Motion for Rehearing
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, Robbie Dale Walker, Appellant in the above
styled and numbered cause, by and through John G. Jasuta, his
undersigned attorney of record, and respectfully files this
“Unopposed Motion for Leave to File Out-of-Time Motion for
Rehearing” and in support of such Motion would show the Court:
I
Appellant was charged by indictment with the offense of theft
over $200,000, a first (1st) degree felony, in Cause No. CR11-0908
in the 207th District Court of Hays County, Texas. He was
convicted in said cause and was sentenced to twenty-five (25)
years in prison. Notice of Appeal was timely given on April 29,
2013. The Court affirmed his conviction on May 29, 2015. Motion
for rehearing should have been filed on or before June 15, 2015.
II
Counsel was required by Rule 48, Tex.R.App.Pro., to provide
Appellant with a copy of the Court’s opinion, and notify him of his
right to file a pro se petition for discretionary review under Rule
68, Tex.R.App.Pro. Counsel failed to send the required letter.
Counsel is, therefore, requesting permission to file an out-of-time
motion for rehearing in order to have sufficient time to properly
notify Appellant as to his right to seek discretionary review, and to
ensure that Appellant has such time and is provided that
opportunity, without the need to seek habeas corpus relief under
Article 11.07 § 3, et seq., C.Cr.P., which relief would surely be
granted. The undersigned would show that motion for rehearing
is being filed contemporaneously to this motion.
IV
The undersigned has conferred with Mr. Chris Johnson,
counsel of record for the State. Neither he nor his office is
opposed to Appellant’s “Unopposed Motion for Leave to File
Out-of-Time Motion for Rehearing” being granted.
Prayer
WHEREFORE, PREMISES CONSIDERED, Appellant
respectfully prays that this Honorable Court to grant this motion
in all things and permit the Motion for Rehearing, filed of even
date herewith, to be filed and considered by the Court.
Respectfully submitted,
__________________________________
John G. Jasuta
Attorney at Law
1801 East 51st Street, Suite 365474
Austin, Texas 78723
eMail: lawyer1@johngjasuta.com
Tel. 512-474-4747
Fax: 512-532-6282
State Bar No. 10592300
Attorney for Appellant
Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 418 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
July 31, 2015, a true and correct copy of the above and foregoing
“Unopposed Motion for Leave to File Out-of-Time Motion for
Rehearing” was transmitted via the eService function on the
State’s eFiling portal, to Chris Johnson
(chris.johnson@co.hays.tx.us), counsel of record for the State of
Texas.
______________________________________
John G. Jasuta