Case Information
*1 RECEIVED IN COURT OF CRIMINAL APPEALS DEC 142015 No. 08-13-00323 -CR IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS FILED IN Roger Evan Garretf C. 182015
TRASTATE OF TEXAS Abel Acosta, Clerk From Appeal No. 08-13-00323-CR Trial Cause No. 20130001613 El Paso County, Texas
FIRST MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
Comes now, Roger Evan Garrett, Petitioner, and Elles 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:
The petitioner was convicted in the 168 th District Court of ElPaso County, Texas of the offense of murder in Cause No. 20130001613, styled State of Texas vs. Roger Evan Garrett. The Petitioner appealed to the Court of Appeals, Eighth Supreme Judicial District. The case was affirmed on November 4, 2015.
The present deadline for filing the Petition for Discretionary Review is December 11, 2015. The Petitioner has not requested any extension prior to this request.
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Retitioner's request for an extension is based upon the following facts: Retitioner was not informed of the decision of the court of appeals in affirming his case until November 13, 2015. The next five (5) business days, the Huntsville Unit was in total lockdown, eliminating any offenders' access to the law library, telephone, or mail service. Since that time, Retitioner has been attempting to gain legal representation in this matter. His attorney on appeal, Matthew DeKaatz, has informed Retitioner that he willnot represent him on the Retition for Discretionary Review.
WHEREFORE, Retitioner prays this Court grant this motion and extend the deadline for filing the Retition for Discretionary Review in Case No. 08-13-00323-CR to February 4th, 2016.
Rogel Ruckes Roger Evan Garrett Texas Department of Criminal Justice Huntsville Unit J2-19T TDCJ # 0198402 (01943402)
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing first motion for Extension of Time to File a Retition for Discretionary Review, has been forwarded by U.S. Mail, postage prepaid, to the Attorney for State, Jaime Esparza,
*3 at 203 EIPASO COunTY COURHOUSE, 500 E. SAW ANTONIO, ELPASO, TEXAS 79901 (ATTENTION KILY STRUUD), ANO to the State Prosecuting Attorney, P.O. Box 12405, Austin, Texas 78711 on this the seventh (7th) day of December, 2015.
Rogar Rauset Regar Evan Garrett Petitioner, pro se
- Roger Evan Garrett TOCJ# 01943402, being presently incarcerated in the Huntsville
- Unit of the Texas Department of Criminal Justice in Huntsville, Texas, verify and declare under penalty of perjury that the foregoing statements are true and correct. Executed on this Seventh (7th) day of December, 2015.
Rogar Rauset Roger Evan Garrett TOCJ# 01943402 Huntsville Unit JJ-19T 815 12th St. Huntsville, Texas 77348
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Clerk of Record Court of Criminal Appeals P.O. Box 12308
Austin, Texas 78711
Dear Clerk,
Abel Acosta, Clerk
Enclosed please find my pro se Defendant's motion for Extension of Time to File Retition for Discretionary Review. Please File this motion and bring it to the attention of the court.
Please date-stamp this letter and return it tome at my address shown below.
Ialso request that you notify me of the Court's ruling on my motion.
Sincerely,
1943402 7085 number t. J2-19.T Huntsville, Texas 77348