PD-0033-15 COURT OF CRIMINAL APPEALS

PD-0033-15 AUSTIN, TEXAS Transmitted 1/6/2015 9:10:26 AM Accepted 1/14/2015 6:44:38 PM NO. PD- [NOT YET ASSIGNED]-15 ABEL ACOSTA CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

JOHNNY RUIZ, JANUARY 14, 2015 Appellant

vs.

THE STATE OF TEXAS, Appellee

Seeking review of an opinion from the Court of Appeals for the Fifth District of Texas at Dallas in No. 05-13-00918-CR

STATE’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

COMES NOW, THE STATE OF TEXAS, pursuant to TEX. R.

APP. P. 68.2(c), and in compliance with TEX. R. APP. P. 10.5(b),

respectfully requesting an extension of time to file the State’s

Petition For Discretionary Review. In support of this motion, the

State would show the following:

On November 5, 2014, the Court of Appeals for the Fifth

District of Texas at Dallas reversed the judgment of the trial court and acquitted Appellant in Trial Court Cause No. F1235122-K,

Appellate Court Cause No. 05-13-00918-CR. The State timely filed

a Motion for Rehearing and it was denied on December 5, 2014.

The State’s Petition for Discretionary Review is presently due on

January 5, 2015. But for reasons of the closings of the Dallas

County Criminal District Attorney’s Office for the Christmas and

New Year holidays, and the undersigned attorney’s absence from

the office due to an injury, the State’s petition cannot be prepared

for filing on the present due date. Therefore, the State respectfully

requests an extension of 30 days, or until February 4, 2015, to file

the State’s petition.

Respectfully submitted,

/s/Patricia Poppoff Noble

SUSAN HAWK PATRICIA POPPOFF NOBLE District Attorney Assistant District Attorney Dallas County, Texas State Bar No. 15051250 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207-4399 (214) 653-3634 [email protected] CERTIFICATE OF SERVICE AND WORD COUNT

I hereby certify that a true copy of the foregoing motion was served on, Assistant Public Defender Julie Woods, attorney for Appellant by TexFile.Gov and by hand delivery on January 6, 2015. I hereby further certify that the length of this motion is 330 words using Microsoft Word 2010.

/s/Patricia Poppoff Noble PATRICIA POPPOFF NOBLE