Hall, John

FILED IN PD-1341-15 COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/2/2015 10:13:07 AM November 2, 2015 Accepted 11/2/2015 12:52:24 PM NO. PD-1341-15 ABEL ACOSTA CLERK ABELACOSTA, CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS "h. JOHN HALL, §

Appellant §

It ,4,-^ vs . COA NO. 13-14-00044-CR TRIAL COURT NO. 36,772 THE STATE OF TEXAS,

Appellee

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

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

NOW COMES JOHN HALL, Appellant herein, and moves this

Honorable Court for an extension of time to file Appellant's

Petition for Discretionary Review ("PDR") in this cause pursuant to

Rules 10.5(b) and 68.2(c) of the Texas Rules of Appellate Procedure

and in support thereof would show the Court as follows:

I.

On September 11, 2013, Appellant was found guilty of Theft

$1500-$20,000, a State Jail Felony, in the 66th District Court of

Hill County, Texas. The jury sentenced Appellant to 180 days in the State Jail Division of the Texas Department of Criminal

Justice, imposed a fine of $2500.00 and further recommended

probation/suspension of the State Jail sentence. On October 2, 2013, the trial court judge formally sentenced Appellant to

probation for five (5) years and assessed restitution in the amount of $19,900.00. On November 1, 2013, Appellant timely filed a Motion for New Trial and requested an evidentiary hearing. On November 5, 2013, the trial court judge denied the motion without an evidentiary hearing, but provided Findings of Fact and Conclusions -of Law. Appellant timely gave his Notice of Appeal. The Waco Court transferred this appeal to the Thirteenth Court of Appeals on January 14, 2014.

II.

On July 16, 2015, the Corpus Christi Court issued a memorandum opinion affirming the trial court's judgment. Appellant's timely filed motion for rehearing was denied on September 2, 2015. On or about October 15, 2015, this Court granted Appellant's Motion for Extension of Time and ordered the PDR due November 2, 2015. Appellant hereby requests a second extension of time to file Appellant's PDR and would show unto the Court that at least ten (10) days will be needed to allow the completion of Appellant's PDR. One previous extension of time has been heretofore filed in this cause..

The undersigned counsel has been ill for nearly two (2) weeks now. His physician, Dr. Larry Sprowls of Arlington, is currently treating the undersigned counsel for a medical condition that the undersigned was diagnosed in 2008.

This case appears to be one of first impression as it presents a visit to Judge Meyers' concurring opinion and novel suggestion in Cabala v. State, 6 S.W.3d 543, 553 (Tex. Crim. App. 1999)(Meyers, J., concurring). Under the "principal motivation" test, Appellant has the burden of proving by a preponderance of the evidence that the State's principal motivation in pursuing a theft conviction was to collect the debt discharged in bankruptcy. Id. This case is of utmost importance to the jurisprudence of the State of Texas and its debtor citizens. See also Kelly v. Robinson, 479 U.S. 36, 52 (1986).

The undersigned counsel simply requests additional time so as to guarantee Appellant effective assistance of counsel. Ex parte Dietzman, 790 S.W.2d 305 (Tex. Crim. App. 1990); Ex parte Coy, 909 S.W.2d 927 (Tex. Crim. App. 1995); Ex parte Daiqle, 848 S.W.2d 691 (Tex. Crim. App. 1993).

PRAYER

WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of Appellant, respectfully prays this Honorable Court extend the time for filing Appellant's Petition for Discretionary Review in this cause until November 12, 2015.

RESPECTFULLY SUBMITTED,

L. Patrick Davi*s SBN 00795775 115 N. Henderson Street Fort Worth, Texas 76102 (817)870-1544 (817)870-1589 fax

ATTORNEY FOR APPELLANT

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Cerificate To Return To Work/School Mr.

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Was under my care from \@- 3/~ l%> and will return to^^oripschool on Ll~t ~ / J) LiBht Duty Full Duty_

Restrictions ••{It**-

Dy^,?/~/5 Please Note: Nothing in thisnote is intended to certifythat the patient is disabled. Nothing inor about this note guarantees or even suggest thata patient should beeligible for disability insurance benefits. This note alone cannot be used as a basis for a patient to file aclaim for disability insurance benefits. The patient's disability insurance company will handle claims based on multiple pre-determined and agreed upon criteria that arenot addressed in making this note. There will bea $25 charge for completion ofeach disability form. This charge cannot be billed to any insurance policy and will have to be paid for by the patient.

1001 NE Green Oaks Blvd. #190 • Arlington, TX 76006 • (817)469-7171 • FAX (817) 795-4255

CERTIFICATE OF SERVICE

As Attorney'of Record for Appellant, I do hereby Certify that a true and correct copy of the above and foregoing document was this date provided to the Attorney for the State, Hon. Nicole Crain and Hon. Matthew Paul, State Prosecuting Attorney, P.O. Box 12405, Austin, Texas 78711 ,via U.S. Mail.

Date:11/02/15

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