PD-1308-15
PD-1308-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/2/2015 11:54:28 AM
October 2, 2015 Accepted 10/2/2015 12:37:36 PM
ABEL ACOSTA
NO. PD-_________________ CLERK
ALVIN VALADEZ, JR, § IN THE COURT OF
Appellant
vs. § CRIMINAL APPEALS
THE STATE OF TEXAS, § AUSTIN, TEXAS
Appellee
MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S PETITION
FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Now comes, Alvin Valadez, Jr., appellant in the instant cause, by and
through undersigned counsel, Edward F. Shaughnessy, and files this
Appellant’s Motion for Extension of Time to File Appellant’s Petition for
Discretionary Review. In support of the instant motion the Appellant would
show unto this Court the following:
A.
The appellant was charged by way of indictment in Guadalupe County
with the offense of Possession of Heroin (1 to 4 grams)(Repeater) in cause
number 134-1568-C. The appellant was convicted by a jury and sentenced
by the jury to Life in confinement in the Texas Department of Criminal
Justice. An appeal was pursued by the appellant to the Court of Appeals,
Fourth District, San Antonio. On September 16, 2015 that Court affirmed
the judgment of the trial court after rejecting the single point of error alleged
by the appellant. The appellant’s Petition for Discretionary Review is due to
be filed in this Court on or before October 16, 2015. The appellant would
respectfully request a thirty-day extension of time to file the Appellee’s
Petition for Discretionary Review with this Court. No previous requests for
an extension of time have been sought in this matter.
B.
The undersigned has been appointed to serve as a prosecutor pro tem
by the judge of the 290th District Court of Bexar County, Texas in the capital
murder cases pending against Conrad Ochoa and Baron Ochoa. Those
matters are set for pre-trial on October 6, 2015
C.
The undersigned is in the process of compiling a proposed order on
behalf of the State of Texas in the case of Ex Parte Denise Crouch, a post-
conviction writ of habeas corpus pending in the 38th Judicial District of
Medina County, Texas. That matter involved a contested evidentiary
hearing ordered by this Court.
D.
Counsel is in the process of compiling briefs in the following matters:
James Garza v. The State of Texas, cause no. 04-15-00456-CR; Benny
Cavazos Valverde v, The State of Texas, Cause No. 04-14-00338-CR; and
Richard Longoria v. The State of Texas, Cause No. 13-15-00173-CR.
E.
In addition the undersigned serves as a part-time Criminal law
Magistrate for the District Courts of Bexar County and as a Juvenile Referee
for the Juvenile Courts of Bexar County. Counsel will be serving in those
capacities during the upcoming days.
.
PRAYER FOR RELIEF
Wherefore premises considered, the Appellant would request an
extension of time file the Appellant’s Petition for Discretionary Review in
the instant case until November 18, 2015.
Respectfully submitted,
/S/____________________
Edward F. Shaughnessy, III
Attorney for the Appellee
206 East Locust Street
San Antonio, Texas 78212
SBN: 18134500
Phone: (210) 212-6700
Fax: (210) 212-2178
Shaughnessy727@gmail.com
CERTIFICATE OF SERVICE
I, Edward F. Shaughnessy, hereby certify that a copy of the instant
motion was served upon Christopher M. Eaton, attorney for the appellee, by
mailing the motion to 211 W. Court St. 3rd Flr. Seguin, Texas 78155 on the
_2_ day of October, 2015.
/S/______________________
Edward F. Shaughnessy, III
Attorney for the Appellee