FRIDAY, AUGUST28, 2015 

# RECEIVEDIN 00UKTOFCRIMINALAPPEALS 

# SIP01101! ABEL ACOSTA, CLERK COURT: of CRIMINAL APPEALS PO BOX 1230B AUSTIN, TX7B711


### RE: Trial Court Cause NO. 2B576, Hunt County, TX Fifth Court of Appeals NO. 05-1k-00695-CR Filing of Motion for Extension of time to file PDR

Dear Honorable Clerk, 

### Please find my Pro-Se Defendant's Motion for Extension of Time 

### to File Petition forDiscretionaryReview, includingrequesting copies of Court Records. Please File this Motion and bring it to the atten tion of the Court. 

### On July 20, 2015 the Appeals Court. (Fifth District at Dallas) Affirmed my Judgement from the Trial Court. I did not receive the 

### notice in the Prison mailroom until August 8 2015 which told me I had 

### until August 19, 2015 toprepare and File my PDR which was impossi ble as I am disabled,, legally blind, and have no waytodothis on my own, hance the need for additional time to file. I also need copies of Court Records so that some other inmates 

### who may help me can read them and help me prepare aprose PDR. Can you send me a list of court records available or send me the Court File, per Federal Gov't Rules as a Blind Person I should be able to get these free of charge. 

### I have also included a carbon copy of this letter for you to file 

### date and time stamp.-and return to me in the S.A.S.E. i amproviding.
Thank you for your Assistance in this matter.
Sincerle.

Lncerlecfy-—\
lames Rogers, Jr. #1937^67 Terrell Unit 1300 FM 655 Rosharon, TX 77583

## FILEDIN COURTOFCRIMINALAPPEALS 

## SEP0 42015 AbelAcosta,Clerk NO IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

JAMES EDWARD ROGERS JR Us. THE STATE OF TEXAS 

### RECEIVED IN COURTOFCRIMINALAPPEALS 

## SEP022015 

## AbelAcosta,Cleric

FROM APPEAL NO. 05^14-00695-CR 

### On Appeal from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 28576
FIRST MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS: 

### COMES NOW, James Edward Rogers Jr., Petitioner, and files this Motion for an Extension of Time of Ninety Days (90) days in which to file a Petition for Discretionary Review. In support of this Motion, 

### the Appellant shows the Court the following:

The Petitioner was convicted in the'196th District Court of 

### Hunt County, Texas of the Offence possession of acontrolled sub 

### stance, methamphetamine, in CauseNo. 28576, StyledState of Texas vs. James Edward Rogers Jr.. The Petitioner appealed to the Court of 

## Appeals Fifth District of texas atDallas. The Case was Affirmed on July20, 2015 but Petitioner did not receive his noticeofthe Court's Decision until the afternoon of Friday August 7, 2015 in the Prison 

### legal mail mailroom. The present deadline forfiling, the Petition forDiscretionary Review was August 19th, 2015 but Petitioner is 

### disabled, legally blind, and because of the delay in gettingnotice and having to get anotherinamteread and help him with this Motion he begs the Court to allow this FIRST MOTION. II. 

### As stated above, Petitioner's deadline for Filing his PDR was August 19th, 2015, but he did not receive notice until August 

### 7th, 2015. Since he islegally blind andindigenthe has had to get

1help from other inmates to assist with this first Motion. Petitioner has NOT requested any Extension prior to this request.
III. 

### Petitioner's request for an extension of time is based upon the following FACTS: Petitioner was not informed of the decision of the 

### Court of Appeals in Affirming his case until the afternoon of Friday august 7th, 2015. His attorney on the Appeal, John S. Butler, has informed Petitioner that he will not represent him on the Petition for Discretionary Review.
IV-. Petitioner is requesting a Copy of the Appellate Record in order that he may get help in perfecting his PDR. Without these documents Petitioner wi11 be unable to adequately file a PDR.
V. This Motion is NOT to hamper or delay, but is necessary because Petitioner is legallyblind, is disabled, and is indigent and proceed ing Pro Se. He needs this time for legal research. Petitioner is incarcerated and is limited to 2 hours a day, five days per week, in the Prison Law Librar.y, but as stated he is blind and has no access to Braile Law Books. He is totally dependent on help from other inamtes. WHEREFORE, Petitioner prays this Court grant this Motion and Extend his time for the Deadline of Filing the Petition for Discret ionary Review in Case NO. 05-14-00695-CR to November 19th, 2015. espectfully Submitted



### les Edward Rogerjl DCJ # 1937467 CT Terrell Unit 1300 FM 655 Rosharon, TX 77583Certificate of Service 

### I certify that a true and correct copy (carbon copy) of the above and foregoing First Motion ofr Extension of Time to File a Petition for Discretionary Review has been•forwarded.by U.S. Mail; 

### postage prepaid, First Class to the State prosecuting Attorney, P.O. Box 12405, Austin TX7B711 on this the 28th Day of August, 2015.

lames Edward Rogers, Jr Petitioner, Pro Se

Unsworn Affidavit 

### I, James EdwardRogers Jr., TDCJ#1937467, being presently incarcerated in the CT Terrell Unit of the Texas Department of 

## CriminalJustice inBrazoriaCounty, Texas, verifyanddeclareunder 

## penaltyofperjurythatthe.foregoingstatementsaretrueandcorrect to the best of my knowledge. Executed this date, August 28th, 2015 

# ?j^a^|a_
lames Edward Rogers Jr. 

### TDCj # 1937467 CT Terrell Unit 1300 FM 655 Rosharon, TX 77583