PD-1673-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
PD-1673-14 Transmitted 12/30/2014 9:56:28 AM
Accepted 12/30/2014 11:01:15 AM
NO. ______________________ ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
JOSE MANUEL BARRIOS V. THE STATE OF TEXAS
FROM THE SEVENTH COURT OF APPEALS
CAUSE NO. 07-13-00426-CR
ON APPEAL FROM CAUSE NO. 2,798
IN THE 287TH DISTRICT COURT
BAILEY COUNTY, TEXAS
HON. GORDON H. GREEN, JUDGE PRESIDING
APPELLANT’S MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
JULIE GOEN PANGER
Counsel for Appellant
The Kiechler Law Firm
619 Broadway Street
Lubbock, Texas 79401
Telephone (806) 712-2889
December 30, 2014 Facsimile (808) 712-2529
State Bar Number 24069793
Email: julie@thelubbocklawyer.com
December 30, 2014
To the Honorable Court of Criminal Appeals of Texas:
COMES NOW, JOSE MANUEL BARRIOS, Appellant herein, and files this
Motion for Extension of Time to File Petition for Discretionary Review pursuant to
TEX. R. APP. P. 10.1, 10.5, and 68.2, and in support thereof would show the Court as
follows:
I.
The opinion of the Seventh Court of Appeals in Cause No. 07-13-00426-CR,
affirming the conviction, was rendered on December 2, 2014.
II.
The number and style of the case in the District Court is Cause No. 2,798, State
of Texas v. Jose Manuel Barrios.
III.
Appellant was convicted of driving while intoxicated (DWI) after entering a plea
of guilty to the offense pursuant to a plea agreement following a denial of his motion
to suppress. Appellant was sentenced to twelve (12) years’ imprisonment.
IV.
The present deadline for filing the petition for discretionary review is December
31, 2014.
V.
No extensions of time to file the petition for discretionary review have been
previously requested.
VI.
Counsel for Appellant relies on the following reasons, in addition to the routine
matters that counsel must attend to in daily practice, to explain the need for the
requested extension:
A. Counsel has been involved in an ongoing parental termination trial,
which ended at approximately 6:30 p.m. last night, December 29,
2014, in Cause No. 2012-502,824, in Lubbock County, Texas;
B. Counsel has been preparing a Motion for Rehearing in the Seventh
Court of Appeals in Cause No. 07-14-00290-CV, which is an
accelerated appeal based upon parental termination, which is due
January 7, 2015;
VII.
Counsel for Appellant seeks this extension of time to be able to prepare a cogent
and succinct petition to aid this Court in its analysis of the issues presented. This request
is not sought for delay but so that justice may be done.
VIII.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that this
Court grant an extension of time to file the petition for discretionary review until
January 30, 2015.
Respectfully submitted,
The Kiechler Law Firm PLLC
619 Broadway
Lubbock, Texas 79401
806.712.2889p
806.712.2529f
julie@thelubbocklawyer.com
_/s/ Julie Goen Panger_________
Julie Goen Panger
SBN: 24069793
CERTIFICATE OF SERVICE
I certify that on December 30, 2014, I provided a copy of this Motion to the
following counsel by electronic service:
KATHRYN GURLEY
Bailey County District Attorney
701 Main Street
Friona, Texas 79035
Counsel for Appellee, State of Texas
Email: kathryn@khg-law.com
_/s/ Julie Goen Panger_________
Julie Goen Panger