PD-0029-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/6/2015 9:45:27 PM
Accepted 1/14/2015 4:33:56 PM
ABEL ACOSTA
NO. _____________ CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
________________
LUIS RUBEN ISLASMARTINEZ,
Appellant/Petitioner
VS.
THE STATE OF TEXAS,
Appellee/Respondent
_____________________________________________________________
APPELLANT’S MOTION TO EXTEND THE TIME FOR FILING PETITION
FOR DISCRETIONARY REVIEW
_____________________________________________________________
Seeking discretionary review of a decision of the Court of Appeals for the
Fifth District of Texas at Dallas in Appeal No. 05-13-00953-CR
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW the Appellant/Petitioner and files this Motion to Extend the
Time for Filing a Petition for Discretionary Review in the above-referenced case,
and would show the following:
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I.
On June 6, 2013, the Appellant was convicted of aggravated sexual assault
of a child younger than 14 years of age in Cause No. F13-00162-L in the Criminal
District Court No. 5 of Dallas County, Texas, and sentenced to confinement for
eight (8) years in TDCJ-ID.
II.
The Appellant timely filed notice of appeal, and the appeal was styled Luis
Ruben Islas Martinez v. The State of Texas, Appeal No. 05-13-00953-CR, in the
Dallas Court of Appeals. The Dallas Court of Appeals issued an opinion modifying
the judgment and affirming the conviction on December 9, 2014. No motion for
rehearing was filed.
III.
The current deadline for filing a Petition for Discretionary Review is
Thursday, January 8, 2015. See TEX. R. APP. P. 68.2(a). The Appellant requests a
30-day extension of time to file the Petition for Discretionary Review until
Monday, February 9, 2015. See TEX. R. APP. P. 4.1(a).
IV.
No prior extensions have been granted to the Appellant in this case.
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V.
The Appellant would show that a reasonable explanation exists for this
requested extension of time:
(1) In the past 30 days, the undersigned attorney has completed work on the
following appeal briefs:
1. Valentin Carus v. The State of Texas, Appeal No. 05-14-00272-CR,
prepared and then filed appellant’s brief in the Dallas Court of Appeals on
December 8, 2014.
2. Cristal Paullett Richardson v. The State of Texas, Appeal No. 05-14-
00523-CR, prepared and then filed appellant’s brief in the Dallas Court of
Appeals on December 17, 2014.
3. Miguel Gonzalez, Jr. v. The State of Texas, Appeal No. 05-14-00888-CR,
prepared and then filed appellant’s brief in the Dallas Court of Appeals on
December 31, 2014.
(2) Moreover, the undersigned attorney, who was appointed to represent the
Appellant on his direct appeal and for the Petition for Discretionary Review, just
recently accepted an offer to return to work as the chief of the appellate division in
the Dallas County District Attorney’s office. Another attorney, the Honorable
Larry Mitchell, is being appointed to represent the Appellant in the filing of the
Petition for Discretionary Review. Of course, new counsel will need adequate time
to familiarize himself with the appellate record and the issues in the appeal.
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WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully
requests that the time for filing his Petition for Discretionary Review in this case
be extended to Monday, February 9, 2015.
Respectfully submitted,
/s/ Lori L. Ordiway
LORI L. ORDIWAY
State Bar No. 12327300
P.O. Box 793991
Dallas, Texas 75379
Telephone: (972) 701-0155
Facsimile: (972) 701-0151
E-mail: lori.ordiway@att.net
ATTORNEY FOR THE APPELLANT
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and correct copy of this
motion is being served on the 6th day of January, 2015, via the service function in
eFile Texas, on: (1) the attorneys for the State of Texas, Patricia Poppoff Noble,
Assistant District Attorney, Dallas County District Attorney’s Office, to
pnoble@dallascounty.org, and the State Prosecuting Attorney, to
information@spa.texas.gov, and (2) Larry Mitchell to judge.mitchell@gmail.com.
/s/ Lori L. Ordiway
LORI L. ORDIWAY
13-25
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