PD-0099-15
PD-0099-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/26/2015 11:15:36 AM
No. Accepted 1/29/2015 1:38:16 PM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT AUSTIN CLERK
Alejandro John Garcia
Appellant
January 29, 2015 v.
The State of Texas
Appellee
On Appeal from 368th District Court of Williamson County in
Case No. 11-216-K368, the Hon. Burt Carnes, Judge Presiding,
and the Opinion of the Third Court of Appeals in Case No.
03-12-00781-CR, Delivered December 11, 2014
Motion for Extension of Time to Retain Counsel or
File Pro Se Petition of Discretionary Review
TO THE COURT OF CRIMINAL APPEALS:
COME NOW, David A. Schulman, the undersigned attorney
of record for Appellant, Alejandro John Garcia, and respectfully
files this “Motion for Extension of Time to Retain Counsel or File
Pro Se Petition of Discretionary Review,” asking that the Court
grant a sixty (60) day extension of time in which the Appellant may
either retain the undersigned or other counsel or may file a pro se
petition for discretionary review, and would show the Court as
follows:
Procedural History
Appellant, Alejandro John Garcia, was charged by indictment
with the offenses of aggravated sexual assault of a child, a first
(1st) degree felony (Count I) and Indecency with a Child by Contact
(Count II), a second (2nd) degree felony, in Cause No. 11-216-K368
in the 368th District Court of Williamson County, Texas. He was
acquitted on Count I and convicted on Count II, and was
sentenced to confinement for ten (10) years. Notice of Appeal was
timely given on November 20, 2012. The Court of Appeals opinion
from which review is sought was delivered by the Third Court of
Appeals for Texas at Austin, in Case No. 03-12-00781-CR, which
was delivered on December 11, 2014. Motion for rehearing was
overruled on January 9, 2015. Petition for discretionary review is
timely if filed with the Clerk of the Court or properly addressed
and post-marked on or before February 9, 2015.
Reason Extension Should Be Granted
The undersigned counsel will not be representing Appellant
after the filing of this motion. He has mailed, as required by
opinions of this Court, a copy of the opinion of the Court below to
Appellant. The undersigned believes that Appellant may wish to
hire a different attorney to file a petition for discretionary review
(PDR), or file a pro se PDR. In either case, either Appellant or
replacement counsel will have to obtain and review the record in
order to prepare and file a PDR. The undersigned believes that
there is insufficient time between now and February 9, 2015, to
accomplish those goals. Consequently, the undersigned
respectfully requests that the Court grant Appellant the additional
time requested in this motion.
Prayer
WHEREFORE, PREMISES CONSIDERED, Movant respectfully
prays that this Honorable Court will grant Appellant an additional
sixty (60) day extension of time, until April 10, 2015, or such time
as set by the Court, in which to retain an attorney to file a PDR or
file a pro se PDR. The undersigned will notify Appellant of the
Court's decision.
Respectfully submitted,
____________________________________
David A. Schulman
Attorney at Law
Post Office Box 783
Austin, Texas 78767-0783
Tel. 512-474-4747
Fax: 512-532-6282
zdrdavida@davidschulman.com
State Bar Card No. 17833400
Attorney of Record for Appellant
Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 519 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
January 26, 2015, a true and correct copy of the above and
foregoing “Motion for Extension of Time to Retain Counsel or File
Pro Se Petition of Discretionary Review” was transmitted via the
eService function on the State’s eFiling portal, to John Prezas
(jprezas@wilco.org), counsel for the State of Texas.
______________________________________
David A. Schulman