PD-1031-15
PD-1031-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/10/2015 3:03:31 PM
Accepted 8/11/2015 4:15:37 PM
ABEL ACOSTA
No. 15-__________ CLERK
HECTOR PENA
V.
THE STATE OF TEXAS
On Petition for Review from the Fourteenth Court of Appeals at
Houston, Texas, No. No. 14-14-00746-CR
UNOPPOSED MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF TEXAS COURT OF CRIMINAL
APPEALS:
Pursuant to TRAP 10.5 and 68.2(c) , Petitioner Hector Pena requests an
extension of thirty days, to and including Monday, September 10, 2015 in which
to file a Petition for Discretionary Review.
The Opinion of the Court of Appeals was issued on July 9, 2015. No motion
for rehearing was filed. Any petition for review with this court would be due on
Monday, August 10, 2015.
This is a first request for extension.
Good cause exists for the requested extension. In the interval since July 9,
2015, this counsel has been heavily involved in preparing and filing briefs in the
following matters.
August 11, 2015
1
An interlocutory appeal in Case No. 01-15-0583-CV, The Hon. Mark Henry v.
The Hon. Lonnie Cox, has occupied substantial time since the opinion of the Court of
Appeals was issued herein, including the following separate filings by this Counsel:
--July 17, 2015, Motion to Enforce Temporary Injunction Under TRAPs 29.3 and
29.4
--July 17, 2015, Motion for Emergency Relief
--July 20, 2015, Supplementary Motion to Enforce Temporary Injunction Under
TRAPs 29.3 and 29.4
--July 27, 2015, Objection to Court’s Referral to Mediation;
--August 4, 2015, Objection to Motion to Abate Appeal, Etc.
Further, on August 7, 2015, this Counsel filed a Petition for Review on Second
Extension in Case No. 15-0423, Joe Murphy et al vs. The City of Galveston, in the
Texas Supreme Court.
Prayer
Petitioners request an extension through and including Thursday, September
10, 2015 in which to file his Petition for Discretionary Review.
2
Respectfully submitted,
/s/Mark W. Stevens
Mark W. Stevens
TBN 19184300
PO Box 8118
Galveston, Texas 77553
409.765.6306
Fax 409.765.6469
Email: markwandstev@sbcglobal.net
Counsel for Petitioner Hector Pena
Certificate of Conference
This will certify that on August 10, 2015 I conferred with the
appellate section of the office of the District Attorney of Galveston County,
Texas, and was advised that such office does not oppose this request for
extension.
/s/Mark W. Stevens
Mark W. Stevens
Certificate of Compliance
This will certify that the text of the foregoing Motion contains 253 words.
/s/Mark W. Stevens
Mark W. Stevens
Certificate of Service
A true and correct copy of the foregoing Motion for Extension was served
via facsimile 409.766.2290 on Ms. Rebecca Klaren, ADA, on August 10, 2015.
An additional copy has been served on July 2, 2013 to the Office of the State
Prosecuting Attorney via fax 512.463.5724.
/s/Mark W. Stevens
Mark W. Stevens
3