Padilla, Ramon v. State ( 2015 )

IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
RAMON PADILLA § NQ
vs § APP. no. 08-12-00234-CR
STATE OF TEXAS § T/C N0' 20I10D02154
MOTION FOR EXTENSION OF TIME TO FILE
PRO SE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW/ RAMON PADILLA, APPELLANT PRO SE, and files this motion for an exten
sion of 90 days for Appellant to file his pro se Petition for Discretionary Review. In
support of this motion, Appellant would show the Court the following:
I.
On August 12, 2015, the Eighth Court of Appeals issued an Opinion that affirmed
the conviction in the 346th District Court of El Paso County, Texas.
The filing deadline for the Appellant's Pro Se Petition for Discretionary Review
is September 12, 2015. Appellant has notified that he wishes to appeal the Eighth
Court of Appeals' ruling. Therefore, Appellant request a 90-day extension of time for
Appellant to file his Pro Se Petition for Discretionary Review. This is the first such
request for extension.
II.
Appellant's request for extension is based upon the following facts:
1. Since the Appellant is not entitled to have appointed counsel file his Petition
for Discretionary Review, the Appellant would need to retain counsel or begin
preparing his PDR pro se promptly.
2. Appellant wishes to pursue a Pro Se Petition for Discretionary Review and seeks
an extension of time from this Court and has filed a motion to obtain the Clerk's
and Reporter's Records in the Court of Appeals.
3. Appellant is requesting an extension of ninty days rather than thirty days due to
the inherent delay in getting the Records transmitted from the El Paso County
District Clerk to the Institutional Division of the Texas Department of Criminal
Justice and to the Appellant. The unavoidable delay in transmitting strictly
controlled documents such as trial records from one governmental agency to another
through postal service may be reasonably expected to consume a significant portion
of a thirty day period of extension.
™,ms3'k*cMr! to adequately discharge the right to file apetitgi^||^%ellant
COORT OF CRIMINAL APPEALS C°URT 0F CRIM1NAL APPEALS
SEP 03 2015 SEP 01 2015
Abel Acosta, Clerk Abel Acosta, Clerk
respectfully request a 90-day extension of time in order for Appellant to properly
prepare and present his Pro Se Petition for Discretionary Review.
PRAYER
WHEREFORE PREMISES CONSIDERED, the Appellant prays that this Honorable Court
grants this motion and extend the deadline for filing the Appellant's Petition for
Discretionary Review to November 12, 2015, in the interest of justice.
Respectfully Submitied
DATED: August 24, 2015
Ramon Padilla
Appellant Pro Se
TDCJ-ID # 1809857
Smith Unit
1313 CR 19
Lamesa, Texas 79331
I, Ramon Padilla, declare under penalty of perjury that the foregoing is true and
correct and further certify that a true and correct copy has been served upon:
El Paso District Attorney, 500 E. San Antonio, RM203, El Paso, Texas 79901-2496
Stae Prosecuting Attorney, PO Box 12405, Austin, Texas 78711-2405
by placing in the Smith Unit/TDCJ Prison Legal Mail System on this the 24th day of
August, 2015.
y/2
Ramon Padilla
TDCJ-Id f 1809857
Appellant Pro Se
August 24, 2015
Court of Criminal Appeals
PO Box 12308
Austin, Texas 78711-2308
. RECEIVED M
RE: No. pd- tea COURT OF CRIMINAL APPEALS
Ramon Padilla vs. State of Texas ~_D -.* „n^r
App. No. 08-12-00234-CR otr Ul £UP
T/C No. 20110D02154
AbetAcosta,Clerk
Dear Court Clerk,
Please find enclosed my MOTION FOR EXTENSION OF TIME TO FILE PRO SE PETITION FOR
DISCRETIONARY REVIEW to be filed and presented to the Court for consideration and
ruling in the above styled cause.
Please note that a copy of this motion has been served upon the El Paso District
Attorney and the State Prosecuting Officer on this date.
I would further request for the Court to note that I am incarcerated at the
Smith Unit of TDCJ. Per the Rules of Appellate Procedure I must file multiple copies
of each pleading with the Court. I am unable to obtain or provided copy service from
TDCJ, therefore I would request such be suspended, per this letter. Should the Court
require a motion to suspend the Rules, please notify me and I will provide.
Thank you for your time and assistance with this matter, it is greatly appreciated
and welcomed. I await the Court's decision in these matters.
Sincerely,
Ramon Padilla
Appellant Pro Se
TDCJ-ID #. 1809857
Smith Unit
1313 CR 19
Lamesa, Texas 79331
enclosure(s): 1 (2 pgs)
cc: file
El Paso District Attorney
State Prosecuting Office