PD-0045-15
COURT OF CRIMINAL APPEALS
PD-0045-15 AUSTIN, TEXAS
Transmitted 1/9/2015 2:54:55 PM
JANUARY 16, 2015 Accepted 1/16/2015 2:59:19 PM
ABEL ACOSTA
NO. 04-11-00891-CR CLERK
JAMES GARZA, § IN THE COURT OF
Appellant
vs. § CRIMINAL APPEALS
THE STATE OF TEXAS, § AUSTIN, TEXAS
Appellee
A MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S
PETITON FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Now comes James Garza, Appellant in the instant cause, by and
through his undersigned counsel, Edward F. Shaughnessy, and files this
Appellant’s Motion for Extension of Time to File Appellant’s Petition for
Discretionary Review. In support of the instant motion the Appellant would
show unto this Court the following:
A.
The Appellant is appealing the judgment of the 290th District Court
of Bexar County Texas wherein he was convicted, following a jury trial, of
the offense of Capital Murder and sentenced to Life in confinement in the
Texas Department of Criminal Justice, without the possibility of parole in
cause number 2009-CR-12648A. The Court of Appeals for the Fourth
District, San Antonio affirmed the appellant’s conviction and sentence on
October 24, 2012 in Smith v. State, (No. 04-11-00891-CR, October 24,
2014). On June 11, 2014 this Court reversed the judgment of the Court of
Appeals and remanded the matter for further proceedings. Garza v. State,
On December 23, 2014, the Court of Appeals reversed and remanded the
cause for an evidentiary hearing. Garza v. State, ___ S.W.3d___, (NO. 04-
11-00891-CR, Tex. App.-San Antonio, December 24, 2014) The appellant is
seeking leave of this Court for an extension of time of thirty days in which to
file the instant petition seeking review of the latest opinion from the Fourth
Court of Appeals.
B.
The undersigned has been appointed by the trial Court to file a
petition in the instant matter.
C.
The appellant anticipates asserting a single ground for review in the
instant matter and the undersigned has reviewed the record and the opinion
of the lower court.
D.
The undersigned has recently filed briefs in the following matters:
Stephan Kirk Gay v. The State of Texas, Cause No. 04-14-00070-CR and
Israel Ytuarte Rodriguez v. The State of Texas, Cause No. PD-0278-14.
E.
The undersigned has also recently filed a brief on behalf of the
appellant in the case of Dustin Wilmer v. The State of Texas, Cause No. 07-
14-00266-CR.
F.
The undersigned is seeking this extension of time to file, not for
purposes of delaying the finality of the conviction, but rather to provide
effective assistance of counsel to the appellant, which will be denied it the
instant petition is not filed on his behalf. An extension of time to file the
petition is crucial to assure that appellant’s rights are protected in that
regard.
PRAYER FOR RELIEF
Wherefore premises considered, the Appellant would request a thirty
(30) day extension of time file the petition in the instant case until February
23, 2015.
Respectfully submitted,
/S/ Edward F. Shaughnessy
Edward F. Shaughnessy, III
Attorney for the Appellant
206 East Locust Street
San Antonio, Texas 78212
SBN: 18134500
Phone: (210) 212-6700
Fax: (210) 212-2178
Shaughnessy727@gmail.com
CERTIFICATE OF SERVICE
I, Edward F. Shaughnessy, hereby certify that a copy of the instant
motion was served upon Jay Brandon, attorney for the appellee by mailing
the motion to 101 W. Nueva, Suite 525 on this the_9_day of January, 2015.
/S/ Edward F. Shaughnessy
Edward F. Shaughnessy, III
Attorney for the Appellant