PD-0437-15 PD-0437-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/16/2015 12:06:27 PM
Accepted 4/21/2015 11:04:57 AM
ABEL ACOSTA
CAUSE NO. 14-14-00598-CR CLERK
MARIO R. AVILA, § IN THE COURT OF APPEALS
Appellant §
VS. § IN HOUSTON, TEXAS
§
THE STATE OF TEXAS, § 14th JUDICIAL DISTRICT
Appellee
MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, MARIO R. AVILA, Appellant, and files this Motion for
Extension of Time to File Appellant's Petition For Discretionary Review, pursuant to
Rules 10.5(b) and 68.2(c), Texas Rules of Appellate Procedure. In support of this
Motion, Appellant would show the following:
I.
The First Court of Appeals issued its Published Opinion in this case on March
17, 2015. No motion for rehearing was filed. Appellant’s Petition for Discretionary
Review is due to be filed by April 16, 2015. This is Appellant’s first request for an
extension of time. Appellant requests an extension of forty-five (45) days to file the
petition.
April 21, 2015
II.
In the past thirty (30) days, counsel was engaged in the following matters,
which preclude completion of Appellant’s Petition for Discretionary Review:
1. On March 16-20, 2015, counsel for Appellant was out of town on a
family vacation.
2. On March 23, 2015, counsel for Appellant appeared for a re-
arraignment in the case styled United States of America vs. Darquesha Perry;
Criminal Number 4:14-cr-00097, pending in the United States District Court,
Southern District of Texas, Houston Division.
3. On March 24, 2015, counsel for Appellant appeared for arraignment
in the case styled State of Texas v. Ashley Heinen; Cause No. 1427784 pending in
the 338th District Court of Harris County, Texas and a disposition setting in the
case styled State of Texas vs. Ruben Carrera; Cause No. 1448426 pending in the
178th District Court of Harris County, Texas.
4. On March 27, 2015, Counsel for Appellant appeared for a disposition
setting in the case styled State of Texas v. Derenda Obrien, Cause No. 1383848,
pending in the 338th District Court of Harris County, Texas.
5. On March 30, 2015, counsel for Appellant appeared for a consultation
setting in the case styled State of Texas v. Canonero Brown; Cause No. 1459987,
pending in the 185th District Court of Harris County, Texas.
6. On April 1, 2015, counsel for Appellant appeared for arraignment in
the case styled State of Texas v. Alexis King Brown; Cause No. 1441380, pending
in the 232nd District Court of Harris County, Texas.
7. On April 3, 2015, counsel for Appellant’s office was closed for the
Easter holiday.
8. On April 6, 2015, counsel for Appellant appeared for a jury-trial
setting in the case styled State of Texas v. Lesley Hooper; Cause No. 13-cr-2732,
pending in the 212th District Court of Galveston County, Texas. This case was
reset until May 6, 2015.
9. On April 8, 2015, counsel for Appellant appeared for arraignment in
the case styled State of Texas v. Jason Waldvogel; Cause No. 1446910, pending in
the 178th District Court of Harris County, Texas.
10. On April 10, 2015, counsel for Appellant appeared for a meeting in
the case styled United States of America vs. Darquesha Perry; Criminal Number
4:14-cr-00097, pending in the United States District Court, Southern District of
Texas, Houston Division.
11. On April 14, 2015, counsel for Appellant appeared for a status
conference in the case styled United States of America vs. Carlos Montemayor;
Criminal Number 4:14-cr-00603, pending in the United States District Court,
Southern District of Texas, Houston Division.
12. On April 15, 2015, counsel for Appellant appeared for a writ hearing
in the case styled State of Texas vs. Elio Luna, Cause No. 1445675, pending in the
178th District Court of Harris County, Texas.
13. On April 16, 2015, counsel for Appellant is scheduled to appear for
sentencing in the case styled United States of America vs. Mashood Balogun;
Criminal Number 4:13-cr-00740, pending in the United States District Court,
Southern District of Texas, Houston Division.
14. On April 17, 2015, counsel for Appellant is scheduled to speak at a
seminar in Waco, Texas.
IV.
This request is not made for the purpose of delay, but rather this request is
made to allow counsel adequate time to prepare Appellant’s Petition for
Discretionary Review. Appellant moves this Court for an order granting an
extension of forty-five(45) days, or until June 1, 2015, for Appellant to submit the
Petition for Discretionary Review in this case.
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court
for an order granting an extension of forty-five (45) days, for Appellant to submit
the Petition for Discretionary Review in this case.
Respectfully submitted,
/s/ Nicole DeBorde
NICOLE DEBORDE
BIRES SCHAFFER & DEBORDE
Federal ID No. 16839
TBA No. 00787344
712 Main Street, Suite 2400
Houston, Texas 77002
Telephone: (713) 228-8500
Facsimile: (713) 228-0034
Email: Nicole@BSDLawFirm.com
COUNSEL FOR APPELLANT,
MARIO R. AVILA
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion
for Extension of Time to File Appellant's Petition For Discretionary Review was
served via e-mail delivery through eFile.TXCourts.gov to Alan Curry, Assistant
District Attorney, Harris County District Attorney’s Office, 1201 Franklin, Appellate
Division, on this the 16th day of April 2015.
/s/ Nicole DeBorde
NICOLE DEBORDE
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned
counsel of record certifies that the Motion for Extension of Time contains 964 words.
/s/ Nicole DeBorde
NICOLE DEBORDE
CAUSE NO. 14-14-00598-CR
MARIO R. AVILA, § IN THE COURT OF APPEALS
Appellant §
VS. § IN HOUSTON, TEXAS
§
THE STATE OF TEXAS, § 14th JUDICIAL DISTRICT
Appellee
ORDER
It is the order of this Court that the foregoing Motion for Extension of Time to
File Appellant’s Petition for Discretionary Review is GRANTED, and the deadline
for filing Appellant’s Petition for Discretionary Review is extended to
______________, 2015.
SIGNED this the _____ day of _______________, 2015.
____________________________________
JUDGE PRESIDING
Avila, Ex Parte Mario R.
Combined Opinion