Polanco, Joe
PD-0490-15
Tex. App.
Sep 10, 2015
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Case Information

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COURT OF APPEALS CAUSE NOS. 05-14-00212-CR and 05-14-00213-CR TRIAL COURT CAUSE NOS. 401-81063-2011 & 401-80435-2012

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, Joe Polanco, Appellant, and files this Motion for Extension of Time to File Appellant's Petition for Discretionary Review, pursuant to Rules 10.5(b) and 68.2(c), Texas Rules of Appellate Procedure. As grounds in support of this Motion, Appellant states the following:

  1. The Court of Appeals for the Fifth District of Texas at Dallas issued a Memorandum Opinion on February 25, 2015.
  2. The Appellant submitted to the Court a Motion for Rehearing.
  3. The Motion for Rehearing was denied on March 27, 2015.
  4. Appellant requests an extension of sixty (60) days to file the Petition.
  5. Appellant is requesting additional time to prepare a Petition for Discretionary Review in that Appellant has continued to make efforts to try and retain an attorney to assist him in preparing a petition. Appellant has not been able to retain an attorney to assist him.
  6. With more time, Appellant is hopeful that he will be able to retain an attorney to assist him in this matter.

FILED IN COURT OF CRIMINAL APPEALS SEP 102015 1

Abel Acosta, Clerk

RECEIVED IN COURT OF CRIMINAL APPEALS

AUG 282015

Abel Acosta. Clerk

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  1. If for some reason, Appellant is not able to retain an attorney, would the court consider appointing an attorney to assist Appellant in this matter. If not, Appellant will continue to seek representation.
  2. If an attorney is retained, the attorney will need additional time to review all documents necessary to assist him/her in preparing a Petition for Discretionary Review.
  3. Appellant's grandmother continues to suffer from Dementia. She recently suffered a terrible fall. During her treatment, it was learned that she is also suffering from Congestive Heart Failure. That has been very difficult for Appellant.

PRAYER

Appellant prays that he be granted the relief requested in this motion and that said Court allow him a sixty (60) day extension to prepare a Petition for Discretionary Review.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Greg Willis, John R. Rolater, Jr., and Zeke Fortenberry, Eoilin Cormy Dietrie Attorney, 2100 Bloomdale Road, Suite 20004, McKinney Tex 75071-8313 this day of August, 2015.

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Priority Mail

Court of Criminal Appeals P.O. Box 12308

Austin, Texas 78711 Re: Joe Polanco vs. The State of Texas; Petition for Review; PD-0490-15 and 0491-15

Dear Sir or Madam:

Please find enclosed a Motion for Extension of Time to File Appellant's Petition for Discretionary Review for the Court's consideration. Per my conversation with Mark Adams from your office, being that the Petition for Review is due on August 25 th , he suggested that I include the Motion for Extension of Time along with the Petition just in case the motion is not granted. If the motion is granted, then it is my understanding that the PDR will be discarded.

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