PD-0473-15
PD-0473-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/27/2015 4:57:28 PM
April 29, 2015
Accepted 4/29/2015 10:25:10 AM
ABEL ACOSTA
CLERK
NO. ________________________
ANDREW JAVIER SERRANO § 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 Andrew Javier Serrano, Appellant in the above styled and
numbered cause, and moves for an extension of time of 30 days from filing of this
request, i.e. until 5/27/2015 to file a Petition for Discretionary Review, and for
good cause shows the following:
1. On 3/13/2015 the 1st Court of Appeals last ruled on appellant's motion for
rehearing. Andrew Javier Serrano v. State, 01-13-00975-CR. This
petition was therefore due on Monday, 4/13/2015. Under Rule 10.5(b)
Appellant may be granted an extension of time if requested within 15
days of the due date for Petition for Discretionary Review, i.e. by
4/28/2015.
2. Counsel has been unable to complete the petition for the following reasons:
Appellant’s counsel has tried three cases between 3/23/15 and 4/22/15 and is
scheduled to try two more cases on 5/4/15 and 5/14/15. In addition Counsel is
expecting a decision anytime on a motion for reconsideration from the 9th Court of
Appeals, which will require a brief or Petition for Discretionary Review. Counsel
has an eye condition of the vitreous and cataract lens which is slowing his ability to
do written work and which will require surgery to remedy. Counsel’s schedule has
not allowed him time for the surgery or to refrain from wearing contact lenses for 4
weeks pre-surgery, so counsel will be slowed in his ability to prepare written
documents and perform related research until the surgery can be performed.
3. Defendant is currently free on bond.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests an extension of at least 30 days from this request filing, i.e. until
5/27/2015, to file a petition for discretionary review.
Respectfully submitted,
By: //s// Bradley Walters
BRADLEY WALTERS
500 E. Harris Ave
Pasadena, TX 77606
Tel: (713) 705-9692
Fax: 888- 396-5096
State Bar No. 24053540
bwalters56@yahoo.com
Attorney for Andrew Javier Serrano
CERTIFICATE OF SERVICE
This is to certify that on April 27, 2015, a true and correct copy of the above
and foregoing document was served on ADA Alan Curry, District Attorney's
Office, Harris County, by electronic transmission to, curry_alan@dao.hctx.net .
//s// Bradley Walters