Hall, John ( 2015 )

FILED IN PD-1341-15
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/2/2015 10:13:07 AM
November 2, 2015 Accepted 11/2/2015 12:52:24 PM
NO. PD-1341-15
ABEL ACOSTA
CLERK
ABELACOSTA, CLERK IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS "h.
JOHN HALL, §
Appellant §
It ,4,-^
vs . COA NO. 13-14-00044-CR
TRIAL COURT NO. 36,772
THE STATE OF TEXAS,
Appellee
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION
FOR DISCRETIONARY REVIEW DUE TO MEDICAL REASONS
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES JOHN HALL, Appellant herein, and moves this
Honorable Court for an extension of time to file Appellant's
Petition for Discretionary Review ("PDR") in this cause pursuant to
Rules 10.5(b) and 68.2(c) of the Texas Rules of Appellate Procedure
and in support thereof would show the Court as follows:
I.
On September 11, 2013, Appellant was found guilty of Theft
$1500-$20,000, a State Jail Felony, in the 66th District Court of
Hill County, Texas. The jury sentenced Appellant to 180 days in
the State Jail Division of the Texas Department of Criminal
Justice, imposed a fine of $2500.00 and further recommended
probation/suspension of the State Jail sentence. On October 2,
2013, the trial court judge formally sentenced Appellant to
probation for five (5) years and assessed restitution in the amount
of $19,900.00. On November 1, 2013, Appellant timely filed a
Motion for New Trial and requested an evidentiary hearing. On
November 5, 2013, the trial court judge denied the motion without
an evidentiary hearing, but provided Findings of Fact and
Conclusions -of Law. Appellant timely gave his Notice of Appeal.
The Waco Court transferred this appeal to the Thirteenth Court of
Appeals on January 14, 2014.
II.
On July 16, 2015, the Corpus Christi Court issued a memorandum
opinion affirming the trial court's judgment. Appellant's timely
filed motion for rehearing was denied on September 2, 2015. On or
about October 15, 2015, this Court granted Appellant's Motion for
Extension of Time and ordered the PDR due November 2, 2015.
Appellant hereby requests a second extension of time to file
Appellant's PDR and would show unto the Court that at least ten
(10) days will be needed to allow the completion of Appellant's
PDR. One previous extension of time has been heretofore filed in
this cause..
The undersigned counsel has been ill for nearly two (2) weeks
now. His physician, Dr. Larry Sprowls of Arlington, is currently
treating the undersigned counsel for a medical condition that the
undersigned was diagnosed in 2008.
This case appears to be one of first impression as it presents
a visit to Judge Meyers' concurring opinion and novel suggestion in
Cabala v. State, 6 S.W.3d 543, 553 (Tex. Crim. App. 1999)(Meyers,
J., concurring). Under the "principal motivation" test, Appellant
has the burden of proving by a preponderance of the evidence that
the State's principal motivation in pursuing a theft conviction was
to collect the debt discharged in bankruptcy. Id. This case is of
utmost importance to the jurisprudence of the State of Texas and
its debtor citizens. See also Kelly v. Robinson, 479 U.S. 36, 52
(1986).
The undersigned counsel simply requests additional time so as
to guarantee Appellant effective assistance of counsel. Ex parte
Dietzman, 790 S.W.2d 305 (Tex. Crim. App. 1990); Ex parte Coy, 909
S.W.2d 927 (Tex. Crim. App. 1995); Ex parte Daiqle, 848 S.W.2d 691
(Tex. Crim. App. 1993).
PRAYER
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on
behalf of Appellant, respectfully prays this Honorable Court extend
the time for filing Appellant's Petition for Discretionary Review
in this cause until November 12, 2015.
RESPECTFULLY SUBMITTED,
L. Patrick Davi*s
SBN 00795775
115 N. Henderson Street
Fort Worth, Texas 76102
(817)870-1544
(817)870-1589 fax
ATTORNEY FOR APPELLANT
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Cerificate To Return To Work/School
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Restrictions ••{It**-
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Please Note:
Nothing in thisnote is intended to certifythat the patient is disabled. Nothing inor about this note guarantees
or even suggest thata patient should beeligible for disability insurance benefits. This note alone cannot be
used as a basis for a patient to file aclaim for disability insurance benefits. The patient's disability insurance
company will handle claims based on multiple pre-determined and agreed upon criteria that arenot
addressed in making this note. There will bea $25 charge for completion ofeach disability form. This charge
cannot be billed to any insurance policy and will have to be paid for by the patient.
1001 NE Green Oaks Blvd. #190 • Arlington, TX 76006 • (817)469-7171 • FAX (817) 795-4255
CERTIFICATE OF SERVICE
As Attorney'of Record for Appellant, I do hereby Certify that
a true and correct copy of the above and foregoing document was
this date provided to the Attorney for the State, Hon. Nicole Crain
and Hon. Matthew Paul, State Prosecuting Attorney, P.O. Box 12405,
Austin, Texas 78711 ,via U.S. Mail.
Date:11/02/15
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