PD-0419-15
PD-0419-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/15/2015 1:29:59 PM
Accepted 4/16/2015 11:38:37 AM
ABEL ACOSTA
CAUSE NO. _________________
CLERK
__________________________________________________
COURT OF CRIM INAL APPEALS
AUSTIN, TEXAS
__________________________________________________
COURT OF APPEALS NO. 08-13-00025-CR
TRIAL COURT NO. 960D10169-384-1
EX PARTE: DANIEL ALVAREZ
____________________________________________________________________
M OTION FOR AN EXTENSION
OF TIM E TO FILE PETITION FOR DISCRETIONARY REVIEW
________________________________________________________________________
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Petitioner, Daniel Alvarez, files this Motion for Extension of Time to File
Petition for Discretionary Review under Tex. R. App. P. 10.1, 10.5(b), and 53.7(f).
In support of this motion, Petitioner shows the following:
1. The Eighth Court of Appeals for the Western District in El Paso rendered its
opinion and judgment in Ex Parte: Daniel Alvarez, No. 08-13-00025-CR, on January
28, 2015, a motion for rehearing was filed on February 27, 2014 and denied on March
18, 2015. The petition for review due date for filing is due on April 17, 2015.
2. Petitioner requests an extension of time of thirty days, to March 17, 2015. This
is Petitioner's first request for an extension of time in this case.
Page 1
April 16, 2015
3. Petitioner relies on the following facts as a reasonable explanation for the
requested extension of time:
The undersigned has had several court hearings, client conferences, worked on
a Petition for Review in a case styled In the Matter of the Estate of Sherman
Alexander Hemsley, No. 15-0156 filed on April 2, 2015; prepared for a trial on April
6, 2015 in a case styled The State of Texas v. Marisela Delarosa, No. 20140D02737
which was dismissed on the day of trial; is currently in a trial that begin on April 14,
2015 in case styled The State of Texas v. Luis Arroyos, No. 20120C09468; and is
currently working on an appeal (10 volumes) in a case styled The State of Texas v.
David Espinoza, No. 08-14-00268-CR due on April 21, 2015, necessitating the filing
of this extension request.
Therefore, Petitioner prays that this Court grant this motion for extension of
time.
Respectfully submitted,
/s/ Jam es D . Lucas
JAM ES D. LUCAS
SBN 12658300
2316 M ontana Avenue
El Paso, Texas 79903
Tel: (915) 532-8811
Fax: (915) 532-8807
Counsel for Petitioner
jlucas2@ elp.rr.com
Page 2
CERTIFICATE OF SERVICE
I, James D. Lucas, hereby certify that on the 15th day of April , 2015, a true and
correct amended copy of the foregoing instrument was delivered to the below-named
individuals by electronic means:
Jaime Esparza
District Attorney
El Paso County Courthouse
500 E. San Antonio, Room 201
El Paso, Texas 79901
tdarnold@ epcounty.com
State Prosecuting Attorney
P.O. Box 12405
Austin, Texas 78711
inform ation@ spa.texas.gov
Dated this 15 th day of April, 2015.
/s/ Jam es D . Lucas
JAM ES D. LUCAS
Page 3