FRIDAY, AUGUST28, 2015 RECEIVED IN

00UKTOFCRIMINAL APPEALS

SIP 01101!

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 for Discretionary Review, including requesting 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 to prepare 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 a prose 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 am providing.

Thank you for your Assistance in this matter.

Sincerle. Lncerlecfy-—\

lames Rogers, Jr. #1937^67

Terrell Unit

1300 FM 655

Rosharon, TX 77583
FILED IN

COURT OFCRIMINAL APPEALS

SEP 0 4 2015

Abel Acosta, Clerk

NO

IN THE COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

JAMES EDWARD ROGERS JR

Us .

THE STATE OF TEXAS

RECEIVED IN

COURT OF CRIMINAL APPEALS

SEP 02 2015

Abel Acosta, 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 a controlled sub

stance, methamphetamine, in Cause No. 28576, Styled State of Texas

vs. James Edward Rogers Jr.. The Petitioner appealed to the Court of

Appeals Fifth District of texas at Dallas. The Case was Affirmed on

July 20, 2015 but Petitioner did not receive his notice of the Court's

Decision until the afternoon of Friday August 7, 2015 in the Prison

legal mail mailroom. The present deadline for filing, the Petition

for Discretionary Review was August 19th, 2015 but Petitioner is

disabled, legally blind, and because of the delay in getting notice

and having to get another inamte read 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 is legally blind and indigent he has had to get

1
help 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 77583
Certificate 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 TX 7B711 on this the 28th Day of August, 2015.

lames Edward Rogers, Jr

Petitioner, Pro Se

Unsworn Affidavit

I, James Edward Rogers Jr., TDCJ #1937467, being presently

incarcerated in the CT Terrell Unit of the Texas Department of

Criminal Justice in Brazoria County, Texas, verify and declare under

penalty of perjury that the. foregoing statements are true and correct

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 65 5

Rosharon, TX 77583