Case Information
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IN THE
COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
FILED IN
COURT OF CRIMINAL APPEALS JAN 222015
RECEIVED IN COURT OF CRIMINAL APPEALS JAN 202015
Abel Acosta, Clerk
FROM Appeal NO. 06.14 .00063 -CR
TRIAL Cause NO. CRI3-214 AUSK Country
FIRST MOTION FOR EXTENSION OF TIME TO FILE
TO THE HONORABLE Judges of the Court of Criminal Appeals:
Comes now, James Earl Piland, Petitioner, and files this Motion for an extension of sixty (60) days in which to file a Petition for Discretionary Review. In support of this motion, appellant shows the Court the following:
I.
The Petitioner was convicted in the 4th District Court of RUSE County, Texas of the offense of Assault against a public servat in Cause No. CRI3-214, styled STATE OF TEXAS vs. James Earl Piland. The Petitioner appeal to the Court of Appeals, 6th Appellate District of TEXAS TEXARKANA, TEXS. The case was affirmed on 12-17-2014.
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III.
Petitioner's request for an extension is based upon the following facts: Petitioner was not informed of the decision of the Court Of Appeals in affirming his case until . Since that time Petitioner has been attempting to gain legal representation in this matter. His Attorney on the appeal, Thad W. Davidson, has informed Petitioner that he will not represent him on the Petition for Discretionary Review.
WHEFORE, Petitioner prays this Court Grant this Motion and extend the deadline for filing the Petition for Discretionary Review in Cause No. CR to .
Petitioner, pro se Texas Department of Criminal Justice - James H. Dyrd unit TDCJ-ID# 01919190 Huntsville, Texas. 77320
*3 USE BY INMATES IN LIEU OF SWom DECLARATION (a) Except as provided by Subsection (b), an unsworn declaration made as provided by this chapter by an inmate in the Texas Department of Corrections or in a county jail may be used in lieu of a written' sworn declaration, verification, certification, oath, or affidavit' Required by statute or required by order, or require ment adopted as provided by law. (b) This chapter does not apply to an oath of office or an oath required to be taken before a specified official other than a notary public
An unsworn declaration made under this capter must be: (1) In writing! and (2) Subscribed by the person making the declaration as true under penalty of perjury. Added by ACr. 1981, 70th Leg., ch. 1049, Sec. 60, eff. Sept. 1,1987 The form of a declaration under this chapter must be substantially as follows: "I James Earl Piland 1019190 being presently incarcerated in James H. Dycd Unit in Huntsville Texas declare under penalty of perjury that the foregoing is true and correct.
- Executed on January 8th, 2015