IN THE COURT OF CRIMINAL APPEALS 

TEXAS

 

Court of Appeals, Fourth District Case Number 04-14-00236-CR

TROY CURTIS, 

 Petitioner, 

v.

STATE OF TEXAS, 

 Respondent. 

APPLICATION FOR EXTENSION OF TIME TO FILE 

A PETITION FOR REIVEW 

TO THE SUPREME COURT OF TEXAS 

 

Robert Sirianni, Esq. 

Counsel of Record

 Law Office of Robert L. Sirianni, Jr. 

 200 North New York Avenue 

 Suite 201 

 Winter Park, Florida 32789 

 (407) 388-1900 

 Counsel for Petitioner

PD-0475-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/28/2015 2:41:08 PM

Accepted 4/29/2015 11:03:52 AM

ABEL ACOSTA

CLERK
Page 2 of 5

To the Honorable Chief Justice of the Texas Supreme Court:

Petitioner, Troy Curtis, respectfully requests an extension of time to file a 

Petition for Review to review an opinion rendered by the Court of Appeals of 

Texas, Fourth District, dated February 11, 2015. The Court of Appeals opinion 

was entered in favor of the Appellee, State of Texas, after the Appellant, Troy 

Curtis, appealed a trial court judgment and sentence in a criminal case.

Consequently, pursuant to Rule 53 of the Rules of the Texas Supreme Court, 

the Petition for Review was due to this Court on or before March 28, 2015. This 

Court’s jurisdiction rests on Texas Rule of Appellate Procedure 53. Petitioner filed 

an extension of time in the Texas Supreme Court requesting until April 28, 2015 to 

file a Petition for Review. On March 31, 2015, the Texas Supreme Court 

recognized the error and defect in the filing and stated:

The Supreme Court is the state’s highest appellate court 

for civil cases. The Supreme Court does not have 

jurisdiction over criminal cases. See Tex. Gov’t Code §§ 

22.001-22.002. The Court of Criminal Appeals has final 

jurisdiction over criminal matters in the State of Texas. 

See Tex. Gov’t Code § 22.001 & Texas Constitution, 

Article V, Section 3. A petition for discretionary review 

in a criminal case must be filed with the clerk of the 

Court of Criminal Appeals. See TEX. R. APP. P. 68.3.

The error occurred as the Petitioner’s counsel inadvertently filed the 

extension in the Civil Division of the Texas Supreme Court, not the instant Court.
Page 3 of 5

Petitioner respectfully requests that he be granted an extension of time to file 

his petition by an additional forty-five (45) days, up to and including June 12, 

2015, based on extraordinary circumstances. For example, the undersigned was 

recently retained and must prepare all records and exhibits in support of the 

application for review. The undersigned attorney understands that applications for 

extensions of time are disfavored by this Court, especially when the application is 

made within a few days of the petition’s due date. Undersigned counsel is reluctant 

to file the instant application; however, there exists good cause in this case, which 

necessitates an extension of time in order for the undersigned counsel to 

adequately represent Petitioner. To wit, undersigned counsel was very recently 

retained, and would have to prepare the petition in less than a week in order to 

meet the current due date. Undersigned counsel did not represent Mr. Curtis in any 

of the proceedings below, and thus requires additional time to review the entire 

record and properly prepare the petition. 

Certificate of Consultation

The law firm attempted to contact counsel for the Appellee, State of Texas,

to ascertain if they object to the instant motion. The law firm was not able to reach 

opposing counsel and does not know if there is an objection to this request for an 

extension of time. 
Page 4 of 5

WHEREFORE Petitioner respectfully requests that this Honorable Court 

grant him an extension of time by an additional forty-five (45) days, up to and 

including June12, 2015, within which to file his Petition for Review.

Dated: April 28, 2015

Respectfully submitted, 

/s/Robert L. Sirianni, Jr.___

ROBERT SIRIANNI, JR, Esquire 

Texas Bar Number 24086378

Counsel of Record

Law Office of Robert L. Sirianni, Jr.

201 North New York Avenue

Suite 200

Winter Park, Florida 32789

(407) 388-1900

robertsirianni@brownstonelaw.com

Counsel for Petitioner
Page 5 of 5

CERTIFICATE OF SERVICE

I HEREBY CERTIFY, in accordance with Rule 53 of the Texas Rules of 

Appellate Procedure, I furnished a true and correct copy of the foregoing 

application for extension of time, by United States Postal Service, this 28th day of 

April, 2015 to:

The Office of the State Prosecuting Attorney

P.O. Box 13046

Austin, TX 78711

/s/Robert L. Sirianni, Jr._______

ROBERT SIRIANN, JR., ESQ