PD-1568-15
PD-1568-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/3/2015 4:05:42 PM
Accepted 12/4/2015 12:49:04 PM
ABEL ACOSTA
CLERK
NO. ______________
IN THE TEXAS COURT OF CRIMINAL APPEALS
_______________________________________________________________
ADOLPH JUNIOR MENJIVAR
Appellant
v.
THE STATE OF TEXAS
Appellee
________________________________________________________________
FROM THE TENTH COURT OF APPEALS
CAUSE NO. 05-14-01025-CR
ON APPEAL FROM THE 291ST JUDICIAL DISTRICT COURT OF
DALLAS COUNTY, TEXAS
TRIAL COURT NO. F1357185-U
THE HONORABLE JENNIFER BALIDO PRESIDING
APPELLANT’S MOTION FOR EXTENSION
OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
BRUCE ANTON
State Bar No. 01274700
ba@sualaw.com
SORRELS, UDASHEN & ANTON
2311 Cedar Springs, Suite 250
Dallas, Texas 75201
(214) 468-8100 (office)
December 4, 2015 (214) 468-8104 (fax)
Attorney for Appellant
1
COMES NOW, ADOLPH JUNIOR MENJIVAR, Appellant herein, and
moves this court to issue an extension of time to file his petition for discretionary
review, and in support thereof would show the court as follows:
I.
The opinion of the Fifth Court of Appeals in cause number 05-14-01028-
CR, affirming the conviction, was rendered on November 4, 2015.
II.
The numbers and style of the case in the District Court is No. F1357185U,
State of Texas v. Adolph Junior Menjivar.
III.
Appellant was convicted of murder.
IV.
The present deadline for filing the petition for discretionary review in this
matter is December 4, 2015.
V.
No extensions of time to file the brief were previously requested.
VI.
The reason for this request is that during the last few weeks counsel has been
working on the following:
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW - PAGE 2
1. Application for Certificate of Appealability in John Horn v.
William Stephens, case no. 15-50948 in the United States Court
of Appeals for the Fifth Circuit.
2. Appellant’s Reply Brief in Vincent Dewaynt Johnson v. The
State of Texas, case nos. 05-15-00403-CR, 05-15-00404-CR,
05-15-00405-CR in the Fifth Court of Appeals of Texas.
3. Application for Writ of Habeas Corpus in Ex Parte Enrique
Martinez, trial court no. F1153368W in the 363rd Judicial
District Court of Dallas County, Texas.
WHEREFORE, PREMISES CONSIDERED, Appellant requests this court
to grant an extension of time to file his petition for discretionary review until
January 3, 2015.
RESPECTFULLY SUBMITTED,
/s/ Bruce Anton
BRUCE ANTON
Texas State Bar No. 01274700
SORRELS, UDASHEN & ANTON
2311 Cedar Springs #250
Dallas, Texas 75201
(214) 468-8100
(214) 468-8104 (fax)
ba@sualaw.com
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW - PAGE 3
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above entitled motion
for extension of time was electronically served to the Dallas County District
Attorney’s Office and to the State Prosecuting Attorney on this 3rd day of
December, 2015.
/s/ Bruce Anton
BRUCE ANTON
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW - PAGE 4
Menjivar, Adolph Junior
Combined Opinion