PD-1342-15 PD-1342-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
October 15, 2015 Transmitted 10/14/2015 4:36:34 PM
Accepted 10/15/2015 3:00:43 PM
ABEL ACOSTA
IN THE CLERK
COURT OF CRIMINAL APPEALS
OF TEXAS
HECTOR TELLEZ, §
Appellant § Eighth Court of Appeals
§ No. 08-13-00141-CR
vs. § Appeal from the 384TH
§ Judicial District Court
§ of El Paso County, Texas
THE STATE OF TEXAS, § TC No. 20120D04773
Appellee §
MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW the El Paso County Public Defender's Office, counsel for the
Appellant herein, and files this motion for an extension of 60 days for Appellant to
file his Petition for Discretionary Review. In support of this motion, counsel
would show the Court the following:
I.
The Appellant was tried by a Jury before the 384TH District Court, the
Honorable Patrick M. Garcia presiding, in Cause No. 20120D04773 Styled The
State of Texas v. HECTOR TELLEZ, and convicted of the offense of Intoxicated
Manslaughter W/Vehicle, an Adult Felony, on April 23, 2013. He was
1
subsequently sentenced by the Court to 20 years TDC, Institutional Division -
TDCJ on April 26th, 2013
II.
The deadline for filing the Appellant’s Petition for Discretionary Review is
October 16th, 2015.
III.
Appellant requests a 60-day extension of time to file his Petition for
Discretionary Review herein.
IV.
This is the Appellant’s first such request for an extension of time.
V.
Appellant’s request for an extension is bases upon the following facts:
1. The El Paso County Public Defender’s Office represented Appellant on
his direct appeal through the 8th Court of Appeals.
2. The Public Defender’s Office received the 8th Court of Appeals opinion
dated September 16th, 2015, and sent Appellant a copy of same along
with a letter outlining his options to pursue appellate relief. In
compliance with Texas Rule of Appellate Procedure 48.4, a copy of that
letter was filed with the 8th Court of Appeals.
2
3. Appellant will retain another attorney to continue the appeal of his
conviction.
4. Thus, in order to adequately discharge his responsibilities to Appellant
herein, the undersigned Counsel respectfully requests a 60-day extension
of time for Appellant to properly prepare and present Appellant’s Petition
for Discretionary Review herein.
WHEREFORE, the undersigned counsel prays that the Court grant this
Motion and extend the deadline for filing the Appellant’s Petition for Discretionary
Review to December 16th, 2015.
Respectfully submitted,
EL PASO COUNTY PUBLIC DEFENDER
BY: /s/NICHOLAS C. VITOLO
NICHOLAS C. VITOLO
Assistant Public Defender
SBN 24084526
500 E. San Antonio, Room 501
El Paso, TX 79901
(915) 546-8185, FAX 546-8186
3
STATE OF TEXAS §
§
COUNTY OF EL PASO §
BEFORE ME, the undersigned authority, appeared NICHOLAS C. VITOLO
on the 14th day of October, 2015 and who, being by me duly sworn, did depose and
state on his oath:
“My name is NICHOLAS C. VITOLO. I am the
Attorney for Appellant in the above styled and
numbered document and the above stated facts are true
and correct and within my personal knowledge.”
/s/NICHOLAS C. VITOLO
NICHOLAS C. VITOLO
SUBSCRIBED AND SWORN TO BEFORE ME on this the 14th day of
October, 2015.
/s/Margarita S. Martinez
NOTARY PUBLIC
STATE OF TEXAS
4
CERTIFICATE OF SERVICE
I, NICHOLAS C. VITOLO, hereby certify that a true and correct copy of the
foregoing instrument has been hand-delivered to the District Attorney’s Office,
500 E. San Antonio St., Room 201, El Paso, Texas 79901, mailed to the State
Prosecuting Attorney, P.O. Box 12405, Austin, Texas 78711, and mailed to the
Appellant HECTOR TELLEZ, TDCJ No. 01858884, Michael Unit, 2664 FM 2054,
Tennessee Colony, TX 75886, on this the 14th day of October, 2015.
/s/NICHOLAS C. VITOLO
NICHOLAS C. VITOLO
5