Case Information
*1 Trial Cause No. CR-2011-195 COURT OF APPEALS No. 23-12-00462-CR PDR NO. PD-0975-14
Joel David James FILED IN COURT OF CRIMINAL APPEALS V.
PEB 662.3 Abel Acosta, Clerk
THe State of Texas
IN THE COURT OF CRIMINAL APPEALS OF TEXAS AUSTIN, TEXAS COURT OF CRIMINAL APPEALS
PEB 052015
MOTION FOR EXTENSION OF TIME TO RECONSIDER MOTION FOR TECHNARING AND RECONSIDERATION EN BANC FOR PETITION FOR DISCRETIONARY REVIEW
Now comes Joel David James, Appellant Mo Se, in the above styled and numbered case and moves the Honorable Court of Criminal Appeals for an extension of time to reconsider the apparent untimely Motion for Rehearing and Reconsideration En Bank for Petition for Discretionary Review, and through this motion would show:
I.
The Honorable Court received Appellants' Mo Se Motion for Rehearing and Reconsideration En Bank for Petition for Discretionary Review sometime after January 9, 2015. Appellant filed a motion for extension of time in which to file the motion for Rehearing on December 22, 2014. The Honorable Court granted motion for extension of time allowing a new deadline of January 9, 2015. Appellant received notification of the extension on the day of the deadline, again on January 9, 2015. Appellant promptly posted the Motion for Rehearing in the Unit's Indigent Mail system the same day and was mailed the next business day, January 12, 2015. This can be verified by the Texas Department of Criminal Justice I.D. Unit Allen B. Polunsky in Livingston, Texas at (936) 967-8082. (See Unit Mail Room supervision and, or Law Library/Indigent Mail Department.
*2 II.
"The motion for Rehearing in question is extraordinarily important to the Appellants case and in no way frivolous. The Appellant would never seek to waste the Court's valable time. The Unit's archaic mail system is the reason deadlines are not met. It appears to the Appellant that inbound mail is unjustly held up from delivery to offenders. When Appellant has posted communicative to the Court in the past, the Court has responded that document were received within 2–3 business days. When mail comes—from—the Court, the delivery time triples at best. For example: The Court'send Appellants' notice of Extension of Time for Motion for Rehearing, that had been granted—on December 30, 2014. Appellant received this notification January 9, 2015, the same day as the deadline some 10 days later. The said Motion for Rehearing was promptly mailed by Appellant the same day—in the mail box—which apparently became—untingly. The Court again sent notification of the untimelyness of the motion on January 21, 2015 and Appellant received the document on January 30, 2015, again some 9 full days later.
PRAYER
The Appellant would pray the Court grant his Motion for extension of time retroactively to include the date of receipt of his Motion for Rehearing and Reconsideration. En-banc for Rétitio for Discretionary Review due to Appellants' incarceration and the Unit's antiquated mail process. The Appellant would further pray the Honorable Court use the original copy of said above named Motion for Rehearing which is already in the Appellants's file—in the Court's possession.
Respectfully Submitted,
Joey Ohio Ames, Pee Se Apreviant TBCJ-1D#1798223
(2)
*3
Certificate of Service I certify that a true and correct copy of the above styled and numbered Motion for extension of Time to Reconsider Motion for Rehearing and Reconsideration Ea. Bane for Retition for Discretionary Review, has been formarded, by U.S. Mail, postage. paid, first class, to the Attorney for the State, Comal County District Adorny Jennifer Tharp, 150 North Seguin, Avenue, Suite 307, New Braunfels, Texas, 78130 and the State Prosecutig Attorney, P.O. Box 12405, Capitol Station, Austin, Texas, 78711 , on this 30th day of January, 2015.
Unsworn Declaration
I, chec David James, T.D.C. J-1D. 1798223, being presently incarcerated in the Allen B. Adansky I.D. Unit of the Texas Department of Criminal Justice, in Livingston, A/1k County, Texas, verify and declare under penalty of perjiny that the foregoing statements are true and correct. Executed on this 30th day of January, 2015.
Respectfully Submitted,
TDCJ-1D 1798223 Allen B. Adansky = 1D Unit 3372 EM 350 South Livington, Texas 77351-8582 (3) (end)
*4