PD-1023-15 THRU PD-1029-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/10/2015 10:19:44 AM
No. Accepted 8/11/2015 2:52:55 PM
ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT AUSTIN
Rene Zamora
Appellant
August 11, 2015
v.
The State of Texas
Appellee
On Appeal from Travis County in Case Nos. D-1-DC-13-904008,
D-1-DC-13-904011, D-1-DC-13-904012, and D-1-DC-13-904014
through and including D-1-DC-13-904017; From the 299th
District Court, the Hon. David Crane, Judge Presiding; and the
Opinion of the Thirteenth Court of Appeals in Case Nos.
13-13-00405-CR and 13-13-00675-CR through and including
13-13-00680-CR; Delivered July 2, 2015.
Motion for Extension of Time to Retain Counsel or
File Pro Se Petition of Discretionary Review
TO THE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COME NOW, David A. Schulman, the undersigned attorney
of record for Appellant, Rene Zamora, and respectfully files this
“Motion for Extension of Time to Retain Counsel or File Pro Se
Petition of Discretionary Review,” asking that the Court grant a
sixty (60) day extension of time in which the Appellant may either
retain the undersigned or other counsel or may file a pro se
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petition for discretionary review, and would show the Court as
follows:
Procedural History
Appellant was charged by indictment with multiple counts of
improper photography or visual recording, a state jail felony. He
was convicted in each of the above listed cases and was sentenced
to Ø two (2) years in state jail in Court of Appeals’ case number
13-13-00405-CR, Ù two years’ imprisonment for appellate cause
numbers 13-13-00678-CR, 13-13-00677-CR, 13-13-00675-CR,
and 13-13-00676-CR, to run concurrently with appellate cause
number 13-13-00405-CR; Ú two years’ imprisonment for appellate
cause number 13-13-00680-CR, to run cumulatively with the
13-13-00405-CR sentence; and Û two years’ imprisonment,
suspended and probated for three years, for appellate cause
number 13-13-00679-CR, which will commence following the
13-13-00680-CR sentence. Notices of Appeal were timely given in
each case and appeals were prosecuted.
The Court of Appeals’ opinion from which review is sought
was delivered by the Thirteenth Court of Appeals for Texas at
Corpus Christi, and was delivered on July 2, 2015. Motions for
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rehearing were timely filed, but were overruled on July 24, 2015.
Petition for discretionary review is timely if eFiled with the Clerk
of the Court on or before Monday, August 24, 2015, the 30th day
after motion for rehearing was denied falling on Sunday, August
23, 2015.
Reason Extension Should Be Granted
The undersigned counsel will not be representing Appellant
after the filing of this motion. He has provided Appellant, as
required by opinions of this Court, a copy of the opinion of the
Court below, and discussed the procedures involved in seeking
discretionary review with Appellant.
The undersigned believes that Appellant may wish to hire a
different attorney to file a petition for discretionary review (PDR),
or file a pro se PDR. In either case, either Appellant or
replacement counsel will have to obtain and review the record in
order to prepare and file a PDR. The undersigned believes that
there is insufficient time between now and August 24, 2015, to
accomplish those goals. Consequently, the undersigned
respectfully requests that the Court grant Appellant the additional
time.
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Prayer
WHEREFORE, PREMISES CONSIDERED, Movant respectfully
prays that this Honorable Court will grant Appellant an additional
sixty (60) day extension of time, until October 23, 2015, or such
time as set by the Court, in which to retain an attorney to file a
PDR or file a pro se PDR. The undersigned will promptly notify
Appellant of the Court's decision.
Respectfully submitted,
____________________________________
David A. Schulman
Attorney at Law
1801 East 51st Street, Suite 365474
Austin, Texas 78723
Tel. 512-474-4747
Fax: 512-532-6282
eMail: zdrdavida@davidschulman.com
State Bar Card No. 17833400
Attorney for Rene Zamora
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Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 618 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
August 10, 2015, a true and correct copy of the above and
foregoing “Motion for Extension of Time to Retain Counsel or File
Pro Se Petition of Discretionary Review” was transmitted via the
eService function on the State’s eFiling portal, or directly via eMail,
to Matthew Foye (matthew.foye@traviscountytx.gov), counsel of
record for the State of Texas; and to the Hon. Lisa McMinn
(Lisa.McMinn@SPA.texas.gov), State’s Prosecuting Attorney.
______________________________________
David A. Schulman
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