Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/31/2015 5:42:41 PM JEFFREY D. KYLE Clerk No. 03-13-00296-CR THIRD COURT OF APPEALS 7/31/2015 5:42:41 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-13-00296-CR *1 ACCEPTED ^[6318920] CLERK IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS, AT AUSTIN Robbie Dale Walker

Appellant

v.

The State of Texas

Appellee

On Appeal in Case Number CR11-0908, from the 207th District

Court of Hays County, the Hon. Jack H. Robison, Judge Presiding

Unopposed Motion for Leave to File Out-of-Time Motion for Rehearing TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, Robbie Dale Walker, Appellant in the above styled and numbered cause, by and through John G. Jasuta, his

undersigned attorney of record, and respectfully files this

“Unopposed Motion for Leave to File Out-of-Time Motion for

Rehearing” and in support of such Motion would show the Court:

I Appellant was charged by indictment with the offense of theft over $200,000, a first (1st) degree felony, in Cause No. CR11-0908

in the 207th District Court of Hays County, Texas. He was

convicted in said cause and was sentenced to twenty-five (25)

years in prison. Notice of Appeal was timely given on April 29,

2013. The Court affirmed his conviction on May 29, 2015. Motion

for rehearing should have been filed on or before June 15, 2015.

II Counsel was required by Rule 48, Tex.R.App.Pro., to provide Appellant with a copy of the Court’s opinion, and notify him of his

right to file a pro se petition for discretionary review under Rule

68, Tex.R.App.Pro. Counsel failed to send the required letter.

Counsel is, therefore, requesting permission to file an out-of-time

motion for rehearing in order to have sufficient time to properly

notify Appellant as to his right to seek discretionary review, and to

ensure that Appellant has such time and is provided that

opportunity, without the need to seek habeas corpus relief under

Article 11.07 § 3, et seq ., C.Cr.P., which relief would surely be

granted. The undersigned would show that motion for rehearing

is being filed contemporaneously to this motion.

IV The undersigned has conferred with Mr. Chris Johnson, counsel of record for the State. Neither he nor his office is

opposed to Appellant’s “Unopposed Motion for Leave to File

Out-of-Time Motion for Rehearing” being granted. Prayer

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this Honorable Court to grant this motion

in all things and permit the Motion for Rehearing, filed of even

date herewith, to be filed and considered by the Court.

Respectfully submitted, __________________________________ John G. Jasuta

Attorney at Law

1801 East 51st Street, Suite 365474 Austin, Texas 78723 eMail: lawyer1@johngjasuta.com Tel. 512-474-4747 Fax: 512-532-6282 State Bar No. 10592300 Attorney for Appellant *4 Certificate of Compliance and Delivery This is to certify that: (1) this document, created using WordPerfect™ X7 software, contains 418 words, excluding those

items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on

July 31, 2015, a true and correct copy of the above and foregoing

“Unopposed Motion for Leave to File Out-of-Time Motion for

Rehearing” was transmitted via the eService function on the

S t a t e ’ s e F i l i n g p o r t a l , t o C h r i s J o h n s o n

(chris.johnson@co.hays.tx.us), counsel of record for the State of

Texas.

______________________________________ John G. Jasuta