A-77,042
FILED IN _ . COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
October 8, 2015 Transmitted 10/7/2015 6:12:20 PIV
Accepted 10/8/2015 8:04:42 AW
ABELACOSTA, CLERK AP-77,042 ABELACOST/0
CLERK
FIDENCIO VALDEZ 0 IN THE TEXAS COURT
0
V. 0 OF CRIMINAL APPEALS
0
STATE OF TEXAS 0 AUSTIN, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE
DEFENDANT-APPELLANT'S BRD2F
To the Court of Criminal Appeals:
Fidencio Valdez, Appellant in this cause, moves the Court for an extension of time for
filing defendant-appellant's brief, and in supportof this motion shows:
I.
This isanappeal from the 384th Judicial District Court for the State ofTexas .
H.
If no extension of time is granted by this Court, the brief of appellant must be filed by
the 5th day of October, 2015. One extension of time has been requested or granted
previously by the Court.
HI.
A reasonable explanation of the need for more time for filing Appellant's brief exists,
in that Defendant-Appellant's counsel received the record last month and there are 66
volumes to review. This requestis out of time because when counsel calledregarding the
first extension he understood the extension would be for 90 days, in calculating the time
he did not include the first 30 days and calendared November 4,2015. When the request
was granted he did not review the order thoroughly. Counsel, is also working on a
complicated federal appeal in the United States v. Charles Marquez in the 5th Circuit
Court of Appeals, Docket Number 14-50968. Additionally, counsel is also working on a
brief in the State of Texas v. Daniel Chavira in the Eighth Court of Appeals, Docket
Number08-15-00128. In addition a daily trial docket.
IV.
An extension of time for filing Appellant's brief will not delay submission of this
cause in its prescribed order, and no harm will result to the Appellee as a result of an
extension of time for filing briefs, in that this case has not been set for submission.
Wherefore , Appellant requests that the Court enter an order extending the time for
filing Appellant's briefto the 5th day of December, 2015.
Respectfully submitted,
Joseph D. Vasquez
310N.Mesa, Suite710
El Paso, Texas 79901
Telephone No. (915) 542-4556
Facsimile No. (915) 543-6309
State Bar No. 00788581
Attorney for Appellant
CERTIFICATE OF SERVICE
I served a copy of the foregoing Motion for Extension of Time to file Appellant's
Brief on the District Attorney's Office via hand delivery on the 7th day of October, 2015.
,—•jgggjffyy —
JosetgyD. Vasquez
Attorney for Defendant-Appellant
The State of Texas
County of El Paso
Before me , the undersigned authority, personally appeared Joseph D. Vasquez,
counsel for Appellant, who upon oath deposes and says that he is counsel of record for
the Appellant herein and as such is fully capable, authorized, competent and qualified to
make this affidavit; that he executed the same for, and on behalf of said Appellant for all
purposes, and further states that the statements herein contained are true and correct.
Joseph D. Vasquez
Attorney for Appellant
Subscribed and Sworn to by the said Joseph D. Vasquez, attorney for Appellant, this
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the 2gh day of &**§»st, 2015, to certify which witnessmy hand and seal of office.
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