NO. ___________________

In the 

Court of Criminal Appeals of Texas

Austin, Texas

CESAR ADOLFO ROCHA-MORENO,

Petitioner,

v.

THE STATE OF TEXAS,

Respondent.

From the First Court of Appeals, Case No. 01-13-00897-CR,

and County Criminal Court at Law No. 1 of Harris County, Texas,

Trial Cause No. 1914250, Honorable Paula Goodhart Presiding

Petitioner’s First Motion to Extend Time

To File Petition for Discretionary Review

John M. Bray, Esq.

Attorney for Petitioner

OOSTERHOF & BRAY, PLLC

1910 Pacific Ave., Ste. 15550

Dallas, Texas 75201

Tel: (214) 550-4664 

Fax: (214) 550-4654 

Email: john@oblawfirm.com

PD-0407-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/10/2015 8:25:21 PM

Accepted 4/15/2015 3:59:25 PM

ABEL ACOSTA

CLERK
2

TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

NOW COMES Cesar Adolfo Rocha-Moreno, Petitioner herein, and by and 

through his attorney of record, John M. Bray hereby moves this Court to extend the 

time to file a Petition for Discretionary Review pursuant to Tex. R. App. Proc. 68.2

for good cause shown, and in accordance with Tex. R. App. Proc. 10.1 and 10.5(b).

In support of this motion, Petitioner would show as follows:

1. Petitioner’s deadline for filing a Petitioner for Discretionary Review 

pursuant to Tex. R. App. Proc. 68.2(a) is April 10, 2015, as the First 

Court of Appeals’ decision reconsidering the matter en banc, and 

affirming the panel decision, issued on March 12, 2015. Prior to this, 

the First Court of Appeals rendered judgment in a memorandum 

opinion dismissing Petitioner’s appeal issued on October 16, 2014.

2. Pursuant to Tex. R. App. Proc. 68.2(c), Petitioner would request the 

Court to grant an extension of at least 30 days to submit a Petitioner 

for Discretionary Review.

3. Over the course of the last several weeks, Counsel for Petitioner has 

been forced to prepare and submit appellate briefs to the U.S. Court of 

Appeals for the Fifth Circuit in two unrelated matters. See Exh. A 

(Notices of Briefing Deadlines). As a consequence, Counsel for 
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Petitioner has not had a sufficient opportunity to prepare a Petition for 

Discretionary Review in the instant matter.

4. Counsel for Petitioner, whose practice is located in Dallas, Texas will 

be traveling to Boston, Massachusetts and New York, New York for 

contested hearings in unrelated matters in Federal Immigration Court.

5. In light of the foregoing, Petitioner would submit that Counsel has 

been burdened by time constraints effectively depriving Counsel of an 

adequate opportunity to properly draft a cogent and succinct Petitioner 

for Discretionary Review for submission to this Court. Accordingly, 

Petitioner seeks this extension of time to be able to prepare such a 

Petitioner and supporting brief and thereby preserve Petitioner’s rights

to due process. 

6. Counsel for Petitioner would submit that the Court has granted no 

previous extensions for submission of a Petition for Review in this 

matter.

7. Furthermore, Petitioner would contend that the State of Texas would 

not suffer any undue hardship or other prejudice as a result of an 

extension in the present case. This request is sought not for delay but 

so that justice may be done.
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8. All facts recited in this motion are within the personal knowledge of 

the counsel signing the present motion; therefore, no verification is 

necessary pursuant to Tex. R. App. Proc. 10.2.

WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully moves 

this Court to grant the requested Petitioner’s First Motion to Extend Time to File 

Petition for Discretionary Review, extend the deadline to file aforementioned 

Petitioner under Tex. R. App. Proc. 68.2, and grant any and all relief that the Court 

deems proper.

Respectfully submitted,

OOSTERHOF & BRAY, PLLC

1910 Pacific Ave., Ste. 15550

Dallas, Texas 75201

Tel: (214) 550-4664

Fax: (214) 550-4654 

 By: /s/ John M. Bray 

John M. Bray

Texas Bar No. 24081360

ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE

I, John M. Bray, hereby certify that on this day, a true and correct copy of the foregoing 

Petitioner’s First Motion to Extend Time to File Petition for Discretionary Review, as well as 

any and all attachments, was properly served on the Harris County District Attorney’s Office in 

accordance with Tex. R. App. Proc. 6.3 and 9.5(b), (d), and (e) via electronic filing to the 

following:

Mr. Alan Curry

Chief Prosecutor, Appellate Division

Harris County District Attorney’s Office

1201 Franklin, Ste. 600

Houston, TX 77002-1923

 /s/ John M. Bray ___04/10/2015________________

John M. Bray Date