PD-0429-1
FILED IN COURT OF CRIMINAL APPEAL
COURT OF CRIMINAL APPEALS AUSTIN, TEXA
Transmitted 8/13/2015 4:54:39 Pr
Accepted 8/14/2015 8:01:29 Af
August 14, 2015
ABEL ACOST
CLER
ABELACOSTA, CLERK NO. PD-0429-15
TRIAL Court Case No. 2012-DCR-867-I
FRANCISCO DURAN JR § IN THE COURT OF
§
VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
MOTION TO EXTEND TIME TO
FILE APPELLANT'S BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes Francisco Duran Jr., Appellant in the above styled and
numbered cause, and moves for an extension of time of 45 days to file Appellant's
Brief, and for good cause shows the following:
1. On the 1st Day of July 2015, this Honorable Court granted Appellant's
pro se petition for discretionary review.
2. Appellant's Brief was due on July 31,2015.
3. Since Appellant filed his petition for discretionary review pro se, this
Court ordered the trial court to hold a hearing to determine whether Appellant is
represented by counsel. If not, the trial court was ordered to determine whether
Appellant qualifies for and desires appointed counsel. This Court further ordered
the trial court to appoint counsel if, in fact, Appellant qualifies for appointed
counsel and desires counsel.
4. On July 30, 2015, the trial court held a hearing and determined that
Appellant is indigent, that he desired counsel, and appointed Joseph Moreno to
represent Appellant before this Court in regard to PDR No. PD-00429-15.
5. Counsel has not had sufficient time to review Appellant's petition for
discretionary review so that he can properly prepare Appellant's Brief.
6. Counsel hereby requests an extension of time to file Appellant's Brief.
7. On August 13, 2015 Appellant's Counsel conferred with Assistant
District Attorney Rene Gonzalez and he is not opposed to Appellant's request for
continuance.
8. Defendant is currently incarcerated.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests an extension of 45 days, i.e. until September 14, 2015, to file Appellant's
Brief.
Respectfully submitted,
JOSEPH MORENO
By:/s/ Joseph Moreno
JOSEPH MORENO
State Bar No. 24048676
23409 El Paso Drive
Harlingen, TX 78552
j_moreno_02@yahoo.com
Attorney for Francisco Duran
CERTIFICATE OF SERVICE
This is to certify that on August 13, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office,
Cameron County, 964 E. Harrison Street, Brownsville, TX 78520, by E-mail to
rgonzalezl@co.cameron.tx.us.
Isi Joseph Moreno
JOSEPH MORENO