PD-1004-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/5/2015 7:43:38 AM
AUGUST 6, 2015
Accepted 8/6/2015 3:52:43 PM
ABEL ACOSTA
CLERK
NO. 13-14-00175-CR
TRIAL CAUSE NO. 2009 –CR-1438-A
MANUEL PENA § IN THE COURT OF
§
VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
MOTION TO EXTEND TIME TO
FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes Manuel Pena, Appellant in the above styled and numbered
cause, and moves for an extension of time of 30 days to file a petition for
discretionary review, and for good cause shows the following:
1. On the 25th Day of June 2015, the Court of Appeals affirmed
appellant's conviction. Manuel Pena v. State, 13-14-00175; Trial Cause number
2009-CR-1438-A. This petition is therefore due on July 24, 2015.
2. Counsel has been unable to complete the petition for the following
reasons: When Counsel received notice of the judgment, he was working on an
appeal in Cause number 13-15-00050. The appeal was to the Court of Appeals,
13th District of Texas and was completed and submitted on the 10th day of July
2015. Additionally, Counsel’s communication with Appellant was delayed
because he is currently in custody in Connally Unit, Kenedy, TX.
3. Defendant is currently incarcerated.
4. Counsel for Appellant conferred with Assistant District Attorney Rene
Gonzalez on July 24, 2015 and he was not opposed to Appellant’s request for a
continuance to file a Petition for Discretionary Review.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests an extension of 30 days, i.e. until September 5, 2015, to file a petition for
discretionary review.
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 Manuel Pena
CERTIFICATE OF SERVICE
This is to certify that on August 5, 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
rgonzalez1@co.cameron.tx.us.
/s/ Joseph Moreno
JOSEPH MORENO