PD-1614-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/9/2015 10:14:48 PM
JANUARY 16, 2015 Accepted 1/16/2015 3:27:33 PM
ABEL ACOSTA
NO. PD-1614-14 CLERK
JULIAN HOMERO VEGA
VS.
THE STATE OF TEXAS
APPELLANT VEGA’S SECOND MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
OF OPINION IN APPELLATE CAUSE NUMBER 13-13-126-CR
Respectfully submitted by
Appellant's attorney,
VICTORIA GUERRA
Texas Bar No. 08578900
3219 N. McColl Rd.
McAllen, Texas 78501
(956) 618-2609
(956) 618-2553 Fax
Email: vguerralaw@gmail.com
MAY IT PLEASE THE COURT:
COMES NOW Appellant Julian Homero Vega by and through his court
appointed attorney Victoria Guerra, and files this motion for extension of time to file
a petition for discretionary review and would show this Court the following:
The Thirteenth Court of Appeals’ opinion was issued on July 24, 2014. The
appellant’s motion for rehearing was denied on October 28, 2014. The Undersigned
has not been able to timely file this petition for discretionary review for the following
reasons:
This PDR was due on December 31, 2014 after one motion for extension of
time to file the PDR was filed. The Undersigned has been simultaneously working
on several deadlines including but not limited to the following: the Undersigned is
presently working on a response to a reply that Texas Department of Public Safety
filed to appellee’s court-ordered response to DPS’ en banc motion for
reconsideration in the case of Texas Department of Public Safety v. Ibarra, Appellate
Cause No. 13-13-00656-CV. While there is no pending deadline to file this
response, it is imperative that appellee file it before the appellate court makes a ruling
on the motion for rehearing.
On December 1, 2104, the Undersigned filed a brief and record excerpts in
the Fifth Circuit Court of Appeals in the case of USA v. Rene Garcia, appellate cause
number 14-40520.
The Undersigned has been preparing for oral argument in the case of Serrano
v. Ramos, civil appellate cause number 13-13-00476-CV which is set for December
11, 2014.
The Undersigned was under a drop-dead deadline of December 22, 2014 to
file appellant’s brief in the case of State v. Chakravarthy, appellate cause number
13-14-00086-CR. A non-compliant brief was filed on December 22, 2014 because
more time was needed to complete said brief and because it was discovered that the
clerk’s record was not complete. However, time is of the essence on this case.
The Undersigned was sick with an upper respiratory infection from December
16 to December 23, 2014. The Undersigned forced herself to go to work during this
time, but very little was accomplished during this time due to her illness.
As a result of the foregoing, the Undersigned requests that this Court an
extension of time to file appellant’s petition for discretionary review for a 30-day
period. This second extension of time is not sought to unnecessarily delay this case,
but so that justice be done. If granted, appellant’s brief would be due on February
2, 2015.
WHEREFORE, appellant prays that this Court grant a 30-day extension of
time to file his petition for discretionary review thereby making it due on February
2, 2015 if granted by this Court.
Respectfully submitted,
Law Office of Victoria Guerra
3219 N. McColl Rd.
McAllen, Texas 78501
(956) 618-2609
(956) 618-2553 (fax)
By: /s/ Victoria Guerra
Victoria Guerra
State Bar Number: 08578900
Attorney for Appellant
CERTIFICATE OF SERVICE
The undersigned attorney certifies that the foregoing Appellant’s Motion for
Rehearing emailed to the Assistant Criminal District Attorney to Assistant Criminal
District Attorney Glenn Devino, appellate section, at the office of the Hidalgo
County District Attorney,
SIGNED this 9th day of January, 2015.
/s/ Victoria Guerra
Victoria Guerra