Case Information
*1 PD-0407-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/10/2015 8:25:21 PM Accepted 4/15/2015 3:59:25 PM ABEL ACOSTA NO. ___________________ CLERK In the
Court of Criminal Appeals of Texas
Austin, Texas CESAR ADOLFO ROCHA-MORENO,
Petitioner,
v.
THE STATE OF TEXAS,
Respondent. From the First Court of Appeals, Case No. 01-13-00897-CR,
and County Criminal Court at Law No. 1 of Harris County, Texas,
Trial Cause No. 1914250, Honorable Paula Goodhart Presiding Petitioner’s First Motion to Extend Time
To File Petition for Discretionary Review John M. Bray, Esq.
Attorney for Petitioner O OSTERHOF & B RAY , PLLC 1910 Pacific Ave., Ste. 15550 Dallas, Texas 75201 Tel: (214) 550-4664 Fax: (214) 550-4654 Email: john@oblawfirm.com *2 TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
NOW COMES Cesar Adolfo Rocha-Moreno, Petitioner herein, and by and
through his attorney of record, John M. Bray hereby moves this Court to extend the
time to file a Petition for Discretionary Review pursuant to Tex. R. App. Proc. 68.2
for good cause shown, and in accordance with Tex. R. App. Proc. 10.1 and 10.5(b).
In support of this motion, Petitioner would show as follows:
1. Petitioner’s deadline for filing a Petitioner for Discretionary Review
pursuant to Tex. R. App. Proc. 68.2(a) is April 10, 2015, as the First
Court of Appeals’ decision reconsidering the matter en banc , and
affirming the panel decision, issued on March 12, 2015. Prior to this,
the First Court of Appeals rendered judgment in a memorandum
opinion dismissing Petitioner’s appeal issued on October 16, 2014.
2. Pursuant to Tex. R. App. Proc. 68.2(c), Petitioner would request the
Court to grant an extension of at least 30 days to submit a Petitioner
for Discretionary Review. Over the course of the last several weeks, Counsel for Petitioner has
been forced to prepare and submit appellate briefs to the U.S. Court of
Appeals for the Fifth Circuit in two unrelated matters. See Exh. A
(Notices of Briefing Deadlines). As a consequence, Counsel for
Petitioner has not had a sufficient opportunity to prepare a Petition for
Discretionary Review in the instant matter.
4. Counsel for Petitioner, whose practice is located in Dallas, Texas will
be traveling to Boston, Massachusetts and New York, New York for
contested hearings in unrelated matters in Federal Immigration Court.
5. In light of the foregoing, Petitioner would submit that Counsel has
been burdened by time constraints effectively depriving Counsel of an
adequate opportunity to properly draft a cogent and succinct Petitioner
for Discretionary Review for submission to this Court. Accordingly,
Petitioner seeks this extension of time to be able to prepare such a
Petitioner and supporting brief and thereby preserve Petitioner’s rights
to due process.
6. Counsel for Petitioner would submit that the Court has granted no
previous extensions for submission of a Petition for Review in this
matter. Furthermore, Petitioner would contend that the State of Texas would
not suffer any undue hardship or other prejudice as a result of an
extension in the present case. This request is sought not for delay but
so that justice may be done. *4 All facts recited in this motion are within the personal knowledge of
the counsel signing the present motion; therefore, no verification is
necessary pursuant to Tex. R. App. Proc. 10.2.
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully moves
this Court to grant the requested Petitioner’s First Motion to Extend Time to File
Petition for Discretionary Review, extend the deadline to file aforementioned
Petitioner under Tex. R. App. Proc. 68.2, and grant any and all relief that the Court
deems proper.
Respectfully submitted, O OSTERHOF & B RAY , PLLC 1910 Pacific Ave., Ste. 15550 Dallas, Texas 75201 Tel: (214) 550-4664 Fax: (214) 550-4654 By: /s/ John M. Bray John M. Bray
Texas Bar No. 24081360 ATTORNEY FOR PETITIONER *5 CERTIFICATE OF SERVICE
I, John M. Bray, hereby certify that on this day, a true and correct copy of the foregoing
Petitioner’s First Motion to Extend Time to File Petition for Discretionary Review , as well as
any and all attachments, was properly served on the Harris County District Attorney’s Office in
accordance with Tex. R. App. Proc. 6.3 and 9.5(b), (d), and (e) via electronic filing to the
following:
Mr. Alan Curry
Chief Prosecutor, Appellate Division
Harris County District Attorney’s Office
1201 Franklin, Ste. 600
Houston, TX 77002-1923
/s/ John M. Bray ___04/10/2015________________
John M. Bray Date