PD-0320-15
PD-0320-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/25/2015 12:47:12 AM
Accepted 3/26/2015 10:50:45 AM
ABEL ACOSTA
No. PD-________ CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
JOHNNY GABRIEL CASTRO,
Appellant,
vs.
March 26, 2015
THE STATE OF TEXAS,
Appellee
ON PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRD COURT OF APPEALS AT AUSTIN, TEXAS
APPEAL NO. 03-12-00730-CR
FROM TRAVIS COUNTY, TEXAS
APPELLANT’S MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
Appellant Johnny Gabriel Castro files his Motion for Extension of
Time to File Petition for Discretionary Review, and respectfully states as
follows:
The unpublished opinion of the Third Court of Appeals affirming
appellant’s conviction was issued March 13, 2015. The deadline for filing a
petition for discretionary review (“PDR”) in this court is Monday, April 13,
2015.
Appellant Castro’s attorney on appeal was court-appointed, and will
be filing a PDR on an unpaid, pro bono basis as Texas law does not
authorize a court-appointed attorney for filing a PDR, and appellant does not
have funds to hire an attorney for this appellate task.
Mr. Castro asks this court for a 30 day extension of time to file his
PDR from the current deadline , making it due on or before Wednesday,
May 13, 2015. Attorney Sherwood will be arguing a criminal appeal at the
Fifth Circuit on April 8, 2015 in No. 14-50287, United States of America v.
Charles William St. Clair, VI, and has an Appellant’s Brief due on April 23,
2015 in the Fifth Circuit in No. 14-50908, United States of America v. David
Ernesto Martinez. Because of these upcoming deadlines, attorney Sherwood
will be unable to prepare a properly-researched and written PDR by the
current deadline of April 13, 2015. Therefore, appellant requests a 30 day
extension to May 13, 2015 to file his PDR.
This motion requesting an extension of time is not being brought for
the purposes of delay only, but so that a properly drafted PDR may be
presented to this court for its consideration in deciding whether to grant
discretionary review.
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WHEREFORE, PREMISES CONSIDERED, appellant Johnny
Gabriel Castro respectfully prays that this court grant this motion and extend
the time for filing his petition for discretionary review to May 13, 2015.
Respectfully submitted,
/s/ Gregory Sherwood
GREGORY SHERWOOD
Attorney
P.O. Box 200613
Austin, Texas 78720-0613
(512) 484-9029
Attorney on PDR for Appellant
JOHNNY GABRIEL CASTRO
CERTIFICATE OF SERVICE
I certify that a true copy of this document was served on March 25,
2015 either through the State’s electronic filing service provider (“EFSP”) or
by email upon the Travis County District Attorney’s Office, P.O. Box 1748,
Austin, Texas 78767 at email addresses: AppellateTCDA@co.travis.tx.us or
scott.taliaferro@co.travis.tx.us, and either through the EFSP or by email
upon the Office of the State Prosecuting Attorney, P.O. Box 13046, Austin,
Texas 78711 at its email address: information@spa.texas.gov.
/s/ Gregory Sherwood
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