PD-0123-15
PD-0123-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
February 4, 2015 Transmitted 2/3/2015 1:55:05 PM
Accepted 2/4/2015 11:31:56 AM
PD-_______________ ABEL ACOSTA
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COURT OF APPEALS No. 04-14-00039-CR
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JAMES FERNANDEZ § IN THE COURT OF
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v. § CRIMINAL APPEALS OF TEXAS
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THE STATE OF TEXAS § AUSTIN, TEXAS
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MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
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TO THE HONORABLE COURT:
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COMES NOW counsel for James Fernandez, Appellant in the above–
styled and numbered cause, and requests an extension of time in which to file his
petition for discretionary review. In support of this motion, he shows the following:
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I.
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The Fourth Court of Appeals issued its opinion and judgment on December
31, 2014 in this case, James Fernandez v. State of Texas, Cause No. 04-14-00039-
CR. No motion for rehearing or motion for reconsideration en band was filed. See
Tex. R. App. P. 10.5(b)(3)(D). A petition for discretionary review in this case was
due January 30, 2015. See Tex. R. App. P. 68.2(a). This motion for extension of
time is filed within 15 days of the due date. See Tex. R. App. P. 68.2(c).
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II.
Counsel had multiple dockets calls for almost each day for the past three
weeks. He had oral argument in this Court on January 14, 2015, and was scheduled
for jury trial this week in County Court-at-Law #1 in Williamson County, Texas in
cause numbers 14-01501-1 and 14-01502-1. Those cases have been reset to
February 9, but counsel is prepared.
III.
Counsel requests an additional 14 days from the filing of this motion within
which to file his petition for discretionary review. No previous extension has been
requested.
PRAYER
THEREFORE, Appellant prays that the Court grant an extension of time to
file the petition for discretionary review in this case. Counsel believes that 14 days
would be adequate. Counsel makes this request not for purposes of delay but that
justice may be done.
Respectfully Submitted,
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_________________________________________
James Gerard McDermott, II
State Bar No.: 24041438
THOMPSON SALINAS RICKERS & MCDERMOTT, LLP
8140 N. Mopac, Westpark 4, Suite 250
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Austin TX 78759
512.201.4099
512.298.1129 (fax)
james@centraltexaslawyers.com
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ATTORNEY FOR DEFENDANT
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CERTIFICATE OF SERVICE
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I certify that I served this document on Lance Kutnick, Assistant Attorney
General by email after business hours on February 2, 2015.
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James Gerard McDermott, II
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