PD-0646-15
PD-0646-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 28, 2015 Transmitted 5/28/2015 2:43:28 PM
Accepted 5/28/2015 4:47:04 PM
ABEL ACOSTA
APPEAL NO. ___________ CLERK
COURT OF CRIMINAL APPEALS OF TEXAS
IN RE EMMANUEL ARMENDARIZ, PETITIONER
Appeal from Eighth Court of Appeals, No. 08-13-00125-CR
Appeal from the 409th District Court of El Paso County, Texas (TC#20100D06116)
MOTION TO EXTEND TIME TO
FILE PETITION FOR DISCRETIONARY REVIEW
To the Honorable Justices of Said Court:
Now comes Emmanuel Armendariz, 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 May 8, 2015, the Court of Appeals affirmed appellant's
conviction. Emmanuel Armendariz v. State, 08-13-00125-CR. This petition is
therefore due on June 8, 2015.
2. Counsels will be unable to complete the petition for the following
reasons: Petitioner's attorneys will not be able to complete the Petition for
Discretionary Review by the due date because of the 1) complexity of the legal
issues requiring extensive research and writing; 2) counsels' responsibilities on
other urgent client matters, and 3) Petitioner's counsels have complex briefs due
before the Eighth Court of Appeals and the Texas Supreme Court due in June and
July, that require extensive research and drafting.
3. Defendant is currently free on bond.
Wherefore, Premises Considered, Petitioner respectfully requests an
extension of 30 days, i.e. until July 9, 2015, to file a petition for discretionary
review.
Respectfully submitted,
By: /s/ Eduardo N. Lerma, Sr.
Eduardo N. Lerma, Sr.
SBOT 13331200
enl1417@aol.com
Law Offices of Eduardo N. Lerma, Sr.
1417 Montana Avenue
El Paso, Texas 79902-5617
T / 915.533.0177
F / 915.533.7236
By: /s/ Veronica Teresa Lerma
Veronica Teresa Lerma
SBOT 24062846
vtlerma@gmail.com
Lerma Law
1417 Montana Avenue
El Paso, Texas 79902-5617
T / 915.533.4779
F / 915.533.7236
Attorneys for Emmanuel Armendariz
CERTIFICATE OF SERVICE
The undersigned counsel certifies that this pleading was served by electronic
service on opposing party: Tom Darnold, Appellate lead attorney for the District
Attorney's Office, El Paso County, 500 East San Antonio St., Room 201, El Paso,
Texas 79901, at t.darnold@epcounty.com and the State Prosecuting Attorney at
information@spa.texas.gov.
By: /s/ Eduardo N. Lerma, Sr.
Eduardo N. Lerma, Sr.
SBOT 13331200
enl1417@aol.com
By: /s/ Veronica Teresa Lerma
Veronica Teresa Lerma
SBOT 24062846
vtlerma@gmail.com
Attorneys for Emmanuel Armendariz
CERTIFICATE OF CONFERENCE
On May 28, 2015, the undersigned attorney conferred with Respondent’s
counsel by telephonic communication, Tom Darnold, who does not oppose this
extension.
By: /s/ Eduardo N. Lerma, Sr.
Eduardo N. Lerma, Sr.
SBOT 13331200
enl1417@aol.com
By: /s/ Veronica Teresa Lerma
Veronica Teresa Lerma
SBOT 24062846
vtlerma@gmail.com
Attorneys for Emmanuel Armendariz