Richard Lee Pollard v. State

03-14-00545-CR | Tex. App. | Aug 26, 2015

No. 03-14-00545-CR

Trial Court No. CR6692 RICHARD LEE POLLARD, § Appellant, § § IN THE COURT OF APPEALS v. § THE STATE OF TEXAS § F0R THE STATE 0F TEXAS

Appellee. | THIRD DISTRICT MOTION FOR AN EXTENSION OF TIME TO FILE A MOTION FOR REHEARING TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES, Richard Lee Pollard, TDCJ-CID # 1934170, Appellant, pro se, and on his own behalf files this his own "Motion, for an Extension of Time to file a Motion for Rehearing," to this Most Honorable Court, and in so doing will show the following, to wit:

I. JURISDICTION This Court has jurisdiction over the subject matter pursuant to the Tex. Rules of Appellate Procedure, Rule 49.8, where this Court may extend the time for filing a motion for rehearing if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last date for filing the motion for rehearing.

Appellant's last date for filing his motion for rehearing was on August 21, 2015, placing Appellant well with the required fifteen (15) days after the last date to file a motion for rehear ing, pursuant to Rule 10.5(b) accordingly.

II. REASONING Appellant has learned that this Most Honorable Court rendered an opinion in this cause on August 6, 2015, affirming his conviction. Appellate was put on notice that "No substitute counsel will be appointed." Appellate is stranded and on his very own to understand and file for a motion for rehearing to this Most Honorable Court.

,/receivedN (Page -1-, motion) AUG 2 6 2015 THIRD COURT OFAPPEALS, \ JEFFREY D. KYLE /

Being such, and pursuant to Rule 10.5(b)(1), Appellant will state for the record that: (A) The deadline for filing this request for an extension of time to file a motion for rehearing is September 6, 2015; (B) Appellant requests atleast ninety (90) days extension because Appellant has to attempt to advocate for himself now to this Court;

(C) Appellant can only entertain and research in the unit law library during his off-duty hours which is approx. ten (lO)hours per week unless he can show that he has a deadline directly from a state or federal court warranting extra time. Appellate needs this extension to prepare and advocate properly; and,

(D) Appellant has never asked for an extension of time in this matter. Appellant plans to show where this Most Honorable Court of Appeals has decided an important question of law that conflicts with another court of appeals and the Court of Criminal Appeals on the same issue.

III. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Appellant PRAYS that this Most Honorable Court GRANT this Motion for an Extension of Time to File a Motion for Rehearing allowing Appellant ninety (90) days to file because of his specific set of circumstances. In this Appellant will forever PRAY.

RESPECTFULLY SUBMITTED,

(Page -2-, motion)

IV. DECLARATION

I, Richard Lee Pollard , TDCJ-CID #1934170, presently incarcerated in the Texas Department of Criminal Justice - Institutions Division, Wallace Pack Unit Icated at 2400 Wallace Pack Rd. in Navasota, Texas (77868), within Grimes County do hereby certify under the penalty of perjury that the facts in this motion are both true and correct. Executed on this oil , day of August, 20 |S

Submtted by,

Iichara Lee Pollarc Appellant pro se

V. CERTIFICATE OF SERVICE

I, Richard Lee Pollard, TDCJ-CID # 1934170, do certify that a true and correct copy of Appellant's "Motion for an Extension of Time to file a Motion for Rehearing has been placed in the United States Mail, postage pre-paid, addressed to:

Mr. Gary W. Bunyard Assistant District Attorney 33rd & 424th Judicial Districts P.O. 3ox 725 Llano, TX 78643 on this the ol"

day in August, 20 15

Submitted by,

Richard Lea Pollard Appellant, pro se

(Page -3-, motion) August 24, 2015 Mr. Richard Lee Pollard

TDCJ #01934170

Wallace Pack Unit 2400 Wallace Pack Rd. Navasota, TX. 77868

Jeffrey D. Kyle, Clerk Court of Appeals Third District Price Daniel Sr. Bldg,209 W.14th St,Rm.l01 P.O. Box 12547 Austin, Tx. 78711-2547

RE: MOTION FOR AN EXTENSION OF TIME TO FILE FOR MOTION FOR

REHEARING. No.03-14-00545-CR; Trial Court No.CR6692 Dear Clerk: Please find enclosed one (1) original and (1) copy of Appellant's "Motion for an extension of time to file a Motion for Rehearing" to be submitted to this Most Honorable Court for Review.

Also, please allow this letter to act as a request to invoke TRAP Rule #2, to suspend Rule #9.3, copy requirement and Rule #9.4(e), (f), and (g) because of my incarceration and inability to meet these rules because of my incarcerated pro se status.

If you will, please file stamp the copy of this letter and forward it back to me in the enclosed S.A.S.E. Also please inform me of the decision of this Court regarding this motion.

Accordingly, I wish to thank you so very much for your time with all these matters. Respectfully, *bTlard

/RECEIVED\,

Appellant, pro se org: Clerk AUG 2 6 2015 cc * f i l e

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