Lindsey Ford Jr. v. The State of Texas--Appeal from 140th District Court of Lubbock CountyAnnotate this Case
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
SEPTEMBER 23, 2008
LINDSEY FORD JR., APPELLANT
THE STATE OF TEXAS, APPELLEE
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NOS. 2006-413,878, 2006-413,889, 2006-413,895, and 2006-414,532;
HONORABLE JIM BOB DARNELL, JUDGE
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ORDER DENYING MOTION FOR EXTENSION
Appellant, Lindsey Ford Jr., has filed a motion wherein he requests that this Court
grant him additional time to file a motion for rehearing in each of four appeals referenced
above.1 For the reasons stated, said motion is denied.
It is not readily apparent from Appellant’s motion whether he seeks to extend the
time within which to file a Rule 49 motion for rehearing, a Rule 68 petition for discretionary
On June 24, 2008, this Court issued its opinion in No. 07-07-0222-CR, affirming
Appellant’s conviction for the offense of forgery. At the same time, this Court issued its
opinion in No. 07-07-0223-CR, 07-07-0225-CR, and 07-07-0226-CR, affirming Appellant’s
three convictions for the offense of burglary of a habitation. The judgment of this Court
was entered on the same day in each cause. On August 13, 2008, Appellant, acting pro
se, filed his Motion for Extention (sic) of Time, requesting that this Court grant him
additional time to file a motion for rehearing.
A motion for rehearing may be filed within 15 days after the court of appeals’
judgment or order is rendered. Tex. R. App. P. 49.1. A court of appeals may extend the
time for filing a motion if a party files a motion complying with Rule 10.5(b) no later than 15
days after the last date for filing the motion for rehearing. Tex. R. App. P. 49.8. A motion
complies with Rule 10.5(b) if it states (A) the deadline for filing the item in question; (B) the
length of extension sought; (C) the facts relied on to reasonably explain the need for an
extension; and (D) the number of previous extensions granted regarding the item in
question. Tex. R. App. P. 10.5(b).
The judgment of this Court was entered on June 24, 2008; therefore, the deadline
for filing a motion for rehearing was July 9, 2008. Appellant’s motion was filed on August
appeal, or both. This Court may rule on a motion for extension of time to file a motion for
rehearing; however, only the Court of Criminal Appeals may rule on a motion for extension
of time to file a petition for discretionary review. See Tex. R. App. P. 68.2(c). Based upon
Appellant’s prayer, we construe his motion as seeking an extension of the time to file a
motion for rehearing pursuant to Rule 49.
13, 2008, more than 15 days after the last date for filing the motion for rehearing. Because
Appellant’s motion for extension of time was not timely filed, we need not address whether
the motion complied with the requirements of Rule 10.5(b).
Appellant’s motion for extension of time is denied.
Patrick A. Pirtle
Do not publish.