From Casetext: Smarter Legal Research

Almanza v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-16-00224-CR (Tex. App. Nov. 8, 2017)

Opinion

No. 10-16-00224-CR

11-08-2017

CATHY JO ALMANZA, Appellant v. THE STATE OF TEXAS, Appellee


From the County Court at Law Hill County, Texas
Trial Court No. M0290-15

ORDER

The Court has considered Cathy Jo Almanza's pro se second motion for extension of time to file a motion for rehearing with this Court. The Court's opinion was issued on July 12, 2017, and Almanza filed her first pro se motion for extension on August 14, 2017. This Court granted the motion for sixty days, extending the deadline to file a motion for rehearing to October 23, 2017.

On October 23, 2017, Almanza filed her second motion for extension of time to file a motion for rehearing alleging that her appellate counsel refused to file a motion for rehearing on her behalf and seeking additional time to retain new appellate counsel. The Court grants Almanza's second motion for extension of time until thirty (30) days from the date of the issuance of this Order. Due to the length of time that has passed since the issuance of this Court's opinion, the Court will not grant further extensions absent highly exceptional circumstances.

Almanza's court-appointed appellate counsel filed a motion to withdraw with this Court on July 20, 2017, which was denied without prejudice to allow counsel to file the motion with the trial court. Almanza contends that counsel did file a motion which was denied and counsel was ordered to continue representation until October 23, 2017. Because counsel did not file any further motions with this Court, the Court considers that Almanza is representing herself at this time and is allowing the pro se filing.

The Court notes that a timely-filed motion for rehearing will be required if Almanza wishes to pursue the filing of a petition for discretionary review (PDR) in the Court of Criminal Appeals. TEX. R. APP. P. 68.2.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Motion for extension of time granted
Order delivered and filed November 8, 2017


Summaries of

Almanza v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-16-00224-CR (Tex. App. Nov. 8, 2017)
Case details for

Almanza v. State

Case Details

Full title:CATHY JO ALMANZA, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Nov 8, 2017

Citations

No. 10-16-00224-CR (Tex. App. Nov. 8, 2017)