PD-1179-15
PD-1179-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/10/2015 6:52:58 PM
Accepted 9/14/2015 2:35:54 PM
ABEL ACOSTA
PD No. __________ CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
______________________________
On Petition for Discretionary Review
From the First Court of Appeals at Houston, Texas
Appeal No. 01-13-00946-CR
______________________________
On Appeal
From the 248th District Court of Harris County, Texas
Trial Court No. 1362831
______________________________
APPELLANT’S FIRST MOTION FOR EXTENSION IN TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGE’S OF THE COURT OF CRIMINAL APPEALS:
Now comes JULIO FRANCISCO GALVAN, Appellant herein, by and
through his counsel of record, PATRICK F. McCANN, and moves this Honorable
Court to grant him a ninety (90) day extension in time in which to submit a petition
for discretionary review in this matter. In support of such motion, Appellant would
respectfully show this Court the following:
September 14, 2015
The First Court of Appeals affirmed the judgment and sentence of the trial
court in a memorandum opinion dated July 16, 2015.
Counsel of record has attempted to provide Appellant with a copy of the
Court of Appeals opinion in this matter within the five (5) day period specified in
the Texas Rules of Appellate Procedure, and to advise the Appellant of his right to
petition this Court for discretionary review in this matter.
Due to the nature of the Appellant’s offense, prison officials have transferred
Appellant on numerous occasions for his personal safety, and counsel is uncertain
as to whether or when Appellant has received counsel’s correspondence containing
the Court of Appeals opinion and information concerning Appellant’s right to
petition this Court for discretionary review.
Appellant is Hispanic, and speaks no English.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Honorable Court will, in all things, GRANT this motion, and allow Appellant
ninety (90) days from the date of this motion, up to and including Wednesday,
December 9, 2015, in which to petition this Court for discretionary review in this
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Mtn Extension in Time: Julio Francisco Galvan
matter if he so desires, and that the Court further GRANT any additional relief to
which the Appellant may be justly entitled.
DATED this 10th day of September, 2015.
Respectfully submitted,
/s/ Patrick F. McCann
Patrick F. McCann
SBT No. 00792680
909 Texas Ave., Suite 205
Houston, Texas 77002
PH: (713) 223-3805
Counsel of Record for the Appellant
CERTIFICATE OF SERVICE
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Mtn Extension in Time: Julio Francisco Galvan
I hereby certify that a true and correct copy of the above and foregoing
have been duly served upon counsel for the State on this 10th day of September,
2015, by prepaid United States mail, addressed as follows:
ABBIE MILES
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
/s/ Patrick F. McCann
Patrick F. McCann
SBT No. 00792680
909 Texas Ave., Suite 205
Houston, Texas 77002
PH: (713) 223-3805
Counsel of Record for the Appellant
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Mtn Extension in Time: Julio Francisco Galvan