1 CAUSE PD-_____________

CAUSE NO. 11- 13 -00234- CR

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

AUSTIN, TEXAS

_________________________________________________

DIANA SOLIS RODRIGUEZ

,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_________________________________________________

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO

FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL

APPEALS OF TEXAS:

COMES NOW, DIANA SOLIS RODRIGUEZ , Appellant, by and

through counsel of record and files this, her First Motion for an Extension of

Time Within Which to File Appellant’s Petition for Discretionary Review

(PDR). In support of said Motion, Appellant would respectfully show this

Honorable Court as follows:

I.

On August 13, 20 15 , the Eleventh Court of Appeals at Eastland

,

Texas, upheld the trial court’s conviction for aggravated robbery in cause

number TC 10395-D styled The State of Texas vs. Diana Solis Rodriguez

with appellate court number 11

- 13 -00234- CR . Appellant was assessed a PD-1178-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 9/10/2015 12:47:59 PM

Accepted 9/14/2015 2:19:23 PM

ABEL ACOSTA

CLERK2

sentence of five years imprisonment in the Institutional Division of the

Texas Department of Criminal Justice.

II.

This First Moti on for Extension of Time Within Which to File

Appellant’s PDR is filed on or before the due date for the fili ng of

Appellant’s PDR pursuant to Rules 4 and 9.2 Texas Rules of Appellate

Procedure. Appellant’s due date is September 13, 2015.

III.

Appellant relies on the following facts as good cause for the requested

extension: Appellant’s counsel only learned tod ay that the C ourt of Appeals

rendered a decision on August 13, 2015, and she has only this date notified

A ppellant of that fact as required by Tex. R. App. P. 48.4 (by certified mail,

return receipt requested). Appellant seeks an additional 30 days to fil e

A ppellant’s PDR or u ntil October 13, 2015 to allow A ppellant adequate time

to file said pro se PDR should she choose to do so.

IV.

Counsel does not seek this additional time to intentionally disregard

this Honorable Court’s docket and scheduling order, but the effective

preparation of the PDR in this matter as well as compliance with the3

applicable rules deem it necessary to ask for the additional time within

whi ch to file Appellant’s Petition for Discretionary Review.

WHEREFORE, Appellant prays that th e Honorable Justices of this

Court would, in all things, GRANT this First Motion for Extension of Time

Within Which to File Appellant’s Petitions for Discretionary Review and

would extend the deadline in th is causes to October 13 , 2015

.

COPELAND LAW FIRM

P.O. Box 399

Cedar Park, TX 78613

Mobil/Text: 512.897.812 6

Fax: 512.215.8114

Email: ecopeland63 @yahoo.com

By: /s/ Erika Copeland

Erika Copeland

State Bar No. 16075250

Attorney for Appellant

CERTIFICATE OF SERVICE AND OF

COMPLIANCE WITH RULE 9

This is to certify that on September 9 , 2015 , a true and correct copy of

the above and foregoing document was served on:

State Prosecuting Attorney Taylor County District Attorney

P.O. Box 124 05 300 Oak St., Ste. 300

Capital Station Abilene, Texas 79602

Austin, Texas 78711

in accordance with the Texas Rules of Appellate Procedure, and that the

Motion For Extension Of Time Within Which To File Appellant’s Petition

For Discretionary Rev iew is in compliance with Rule 9 of the Texas Rules of4

Appellate Procedure and that portion which must be included under Rule

9.4(i)(1) contains 532 words.

/s/ Erika Copeland

Erika Copel and