IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-74.676-03

EX PARTE JASON EARL WOOLEY, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 997,161 IN THE 176TH DISTRICT COURT

FROM HARRIS COUNTY

COURT OF CRIMINAL APPEALS

MAY 29 2015

Abel Acosta, Clerk

FILED IN

COURT OF CRIMINAL APPEALS

29 2015

Abel Acosta, Clerk

APPLICANT'S MOTION FOR THE EXTENSION OF TIME TO FILE HIS

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, Jason Earl Wooley, hereinafter " Applicant " and

respectfully moves this honorable Court to grant this Motion

For Extension Of Time. In support of Applicant's said Motion,

he would respectfully show this Court the following:

1. Applicant's Motion is filed pursuant to the TEX.R.App.P Rule

68.2(c) & 10.5(b).

2. Applicant's standing deadline to have his petition for discretion

ary review filed is still unknown to applicant due to the Court's
Mandate not having been issued yet. The Applicant has not yet

received a copy of it if it has issued. This Court's Opinion

was delivered on April 29, 2015.

3. Applicant is requesting a one time* 30 day extension of time

to have his petition for discretionary review filed.

4. Applicant was convicted of murder and sentenced to forty years'

imprisonment. The Fourteenth Court of Appeals affirmed his conviction.

Wooley v. State, 223 S.W.3d 732 (Tex.App.-Houston [14th Dist.]

2007, pet. granted). This Court reversed and remanded the case.

Wooley v. State, 273 S.W.3d 260 (Tex. Grim. App. 2008). Following

remand, the Fourteenth Court of Appeals again affirmed Applicant's

conviction. Wooley v. State, 14-06-00088-GR (Tex. App.- Houston [

14th Dist.] Oct. 22, 2009) (not designated for publication).

Applicant's proved to this Court that Appellate counsel was

deficient by failing to timely notify Applicant that his conviction

had been affirmed and failed to provide Applicant notice of his

right to file a pro se petition for discretionary review.

5. This Court, thereafter, stated " We find, therefore, that

Applicant is entitled to the opportunity to file an out-of-time

petition for discretionary review of the judgment of the Fourteenth

Court of Appeals in Cause No. 14-06-00088-CR that affirmed his

conviction in Cause No.997,161 from the 176th District Court

of Harris County. Applicant shall file his petition for discretionary

review with this Court within 30 days of the date on which this
Court's mandate issues."

6. Applicant has not requested any prior extensions of time concerning

this matter at bar.

P R A Y E R

7. Applicant prays for the foregoing reasons this Court will

grant him a 30 day extension of time in which to have his petition

for discretionary review filed in this Court. Because Applicant

is proceeding pro se in this cause, and is without counsel, he

would respectfully request this Court to Order the Clerk of the

Fourteenth Court of Appeals in Cause No.14-06-00088-CR, provide

Applicant a free copy of the proceedings (transcripts) of the

hearings on the second time the Court of Appeals affirmed Applicant's

conviction. Applicant is indigent and without the funds to pay

the costs for said records. Blaekshear v. State, 342 S.W.3d 777,

781 (Tex.App.-Houston [14th Dist.] 2011) rev'd on other grounds,385

S.W.3d 589 (Tex.Crim.App. 2012). Applicant makes this request

pursuant to TEX.R.App.P. Rule 20.2. Applicant needs these records

to mount a meaningful petition in this case. Applicant would

respectfully request a free copy of the entire record since he

is now without counsel in this case. Applicant requests any other

relief he my be entitled to under the law.

Respectfully submitted,

rAS;0N EARL WOOLEY,#13*«b/Z

'O.B. ELLIS UNIT

1697 FM 980

HUNTSVILLE, TEXAS 77343

3
UNSWORN DECLARATION

I, Jason E. Wooley, swear under the penalty of perjury that

the foregoing statements and information is true and correct

to the best of my knowledge and understanding.

Executed on this the 25th day of May 2015.

Uksum Lzi (.^Ui (3YS67Z

SON EARL WOOLEY, #/34^672

APPLICANT, PRO SE

CERTIFICATE OF SERVICE

This is to certify that a true and correct original copy of

the foregoing has been mailed by U.S. mail system, to the Clerk

of the Texas Court of Criminal Appeals, on this the 26th day

of May 2015.

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