PD-0316-15 & PD-0317-15
PD-0316&0317-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/23/2015 12:45:09 PM
Accepted 3/25/2015 1:31:23 PM
ABEL ACOSTA
PDR No. ____________________ CLERK
Court of Appeals Nos. 13-13-00618-CR & 13-13-619-CR
JAMES ROBERT MONTOYA § IN THE TEXAS COURT OF
§
v. § CRIMINAL APPEALS
§
THE STATE OF TEXAS § AT AUSTIN, TEXAS
PETITIONER’S CORRECTED MOTION FOR EXTENSION OF TIME TO FILE
PRO SE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes JAMES ROBERT MONTOYA, Petitioner in the above styled and
numbered cause, and moves this Court for a 90-day extension to file his Petition for
Discretionary Review, and would show as follows:
1. Petitioner has been convicted for the offenses of Aggravated Sexual
Assault and Aggravated Kidnapping, and has been assessed sentences of 30 years
and10 years respectively, sentences to run concurrently.
2. The Thirteenth District Court of Appeals issued an unpublished decision
in this case on October 17, 2014. James Robert Montoya v. State of Texas, 13-13-
00618-CR & 13-13-619-CR-CR (Tex.App.- Corpus Christi-Edinburg, March 12,
2015). The PDR in this case is due on or before April 13, 2015.
3. The undersigned counsel is appointed and will not be continuing his
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March 25, 2015
representation in this matter. Mr. Montoya has been advised of his right to retain
counsel, or to proceed pro se in this court in seeking a Petition for Discretionary
Review.
4. In order for Mr. Montoya to either retain counsel, or to obtain the record
and other necessary documents in which to prepare a PDR, the undersigned counsel
requests this Court extend the deadline to file the PDR in this case by 90 days from
the current due date.
5. Mr. Montoya’s personal information for the purposes of notices by this
Court is as follows:
Mr. James Robert Montoya
# TDCJ # 01893457
TDCJ Byrd Unit
21 FM 247
Huntsville, TX 77320
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this
Court grant this Motion, and grant an additional 90 days to file a PDR in this case
Respectfully submitted,
Law Office of Alexander L. Calhoun
4301 W. William Cannon Dr., Ste. B-150, # 260
Austin, TX 78749
Tele: 512/ 420-8850
Fax: 512/ 233 - 5946
Cell: 512/ 731-3159
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Email: alcalhoun@earthlink.net
BY:_/s/ Alexander L Calhoun
Alexander L. Calhoun
State Bar No.: 00787187
Attorney for James Robert Montoya
CERTIFICATE OF SERVICE
I hereby certify that on March 23, 2015, a copy of the above and foregoing motion
has been served upon the Travis County District Attorney's Office, at the following
address:
Travis County District Attorney
Capitol Station
P.O. Box 1748
Austin, TX 78767
and by United States Mail to the State Prosecution Attorney by U.S. Mail at the
following address:
State Prosecuting Attorney
P.O. Box 13046
Capitol Station
Austin, Texas 78711
by United States Mail.
/s/ Alexander L Calhoun
Alexander L. Calhoun
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