Wooley, Jason Earl ( 2015 )


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  •                       PD-0649-15
    IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO.   WR-74.676-03                  COURT OF CRIMINAL APPEALS
    MAY 29 2015
    EX PARTE JASON EARL WOOLEY, Applicant
    Abel Acosta, Clerk
    ON APPLICATION FOR WRIT OF HABEAS CORPUS
    CAUSE NO. 997,161 IN THE 176TH DISTRICT COURT
    FROM HARRIS COUNTY
    FILED IN
    COURT OF CRIMINAL APPEALS
    29 2015
    Abel Acosta, Clerk
    APPLICANT'S MOTION FOR THE EXTENSION OF TIME TO FILE HIS
    PETITION FOR DISCRETIONARY REVIEW
    TO THE HONORABLE JUDGES OF SAID COURT:
    NOW COMES, Jason Earl Wooley, hereinafter " Applicant " and
    respectfully moves this honorable Court to grant this Motion
    For Extension Of Time. In support of Applicant's said Motion,
    he would respectfully show this Court the following:
    1. Applicant's Motion is filed pursuant to the TEX.R.App.P Rule
    68.2(c) & 10.5(b).
    2. Applicant's standing deadline to have his petition for discretion
    ary review filed is still unknown to applicant due to the Court's
    Mandate not having been issued yet. The Applicant has not yet
    received a copy of it if it has issued. This Court's Opinion
    was delivered on April 29, 2015.
    3. Applicant is requesting a one time* 30 day extension of time
    to have his petition for discretionary review filed.
    4. Applicant was convicted of murder and sentenced to forty years'
    imprisonment. The Fourteenth Court of Appeals affirmed his conviction.
    Wooley v. State, 
    223 S.W.3d 732
     (Tex.App.-Houston [14th Dist.]
    2007, pet. granted). This Court reversed and remanded the case.
    Wooley v. State, 
    273 S.W.3d 260
     (Tex. Grim. App. 2008). Following
    remand, the Fourteenth Court of Appeals again affirmed Applicant's
    conviction. Wooley v. State, 14-06-00088-GR (Tex. App.- Houston [
    14th Dist.] Oct. 22, 2009) (not designated for publication).
    Applicant's proved to this Court that Appellate counsel was
    deficient by failing to timely notify Applicant that his conviction
    had been affirmed and failed to provide Applicant notice of his
    right to file a pro se petition for discretionary review.
    5. This Court, thereafter, stated " We find, therefore, that
    Applicant is entitled to the opportunity to file an out-of-time
    petition for discretionary review of the judgment of the Fourteenth
    Court of Appeals in Cause No. 14-06-00088-CR that affirmed his
    conviction in Cause No.997,161 from the 176th District Court
    of Harris County. Applicant shall file his petition for discretionary
    review with this Court within 30 days of the date on which this
    Court's mandate issues."
    6. Applicant has not requested any prior extensions of time concerning
    this   matter at bar.
    P   R   A       Y   E   R
    7. Applicant prays for the foregoing reasons this Court will
    grant him a 30 day extension of time in which to have his petition
    for discretionary review filed in this Court. Because Applicant
    is proceeding pro se in this cause, and is without counsel, he
    would respectfully request this Court to Order the Clerk of the
    Fourteenth Court of Appeals in Cause No.14-06-00088-CR, provide
    Applicant a free copy of the proceedings (transcripts) of the
    hearings on the second time the Court of Appeals affirmed Applicant's
    conviction. Applicant is indigent and without the funds to pay
    the costs for said records. Blaekshear v. State, 
    342 S.W.3d 777
    ,
    781 (Tex.App.-Houston [14th Dist.] 2011) rev'd on other grounds,
    385 S.W.3d 589
     (Tex.Crim.App. 2012). Applicant makes this request
    pursuant to TEX.R.App.P. Rule 20.2. Applicant needs these records
    to mount a meaningful petition in this case. Applicant would
    respectfully request a free copy of the entire record since he
    is now without counsel in this case. Applicant requests any other
    relief he my be entitled to under the law.
    Respectfully submitted,
    rAS;0N EARL WOOLEY,#13*«b/Z
    'O.B. ELLIS UNIT
    1697 FM 980
    HUNTSVILLE, TEXAS 77343
    3
    UNSWORN DECLARATION
    I, Jason E. Wooley, swear under the penalty of perjury that
    the foregoing statements and information is true and correct
    to the best of my knowledge and understanding.
    Executed on this the 25th day of May 2015.
    Uksum   Lzi
    (.^Ui           (3YS67Z
    SON EARL WOOLEY, #/34^672
    APPLICANT, PRO SE
    CERTIFICATE OF SERVICE
    This is to certify that a true and correct original copy of
    the foregoing has been mailed by U.S. mail system, to the Clerk
    of the Texas Court of Criminal Appeals, on this the 26th day
    of May 2015.
    ^{3^/8672
    

Document Info

Docket Number: PD-0649-15

Filed Date: 5/29/2015

Precedential Status: Precedential

Modified Date: 9/29/2016