PD-1351-15 PD-1351-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
October 16, 2015 Transmitted 10/15/2015 7:32:59 PM
Accepted 10/16/2015 2:10:25 PM
ABEL ACOSTA
CAUSE NO:__________ CLERK
ENRIQUE SANCHEZ SALAZAR § IN THE COURT
§
v. §
§
STATE OF TEXAS § OF CRIMINAL APPEALS
APPELLANT’S MOTION FOR EXTENSION
OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
AND NOTICE OF NONREPRESENTATION
Comes now Appellant ENRIQUE SANCHEZ SALAZAR through his
court-appointed counsel for the below cause and files this motion for
extension of time to file a petition for discretionary review pursuant to Rules
10.5(b) and 68.2(c) of the Rules of Appellate Procedure and notice of
nonrepresentation by court-appointed counsel and shows in support:
1. On September 1, 2015, the Thirteenth Court of Appeals issued
an opinion and judgment in Cause No. 13-14-00563-CR styled Enrique
Sanchez Salazar v. State affirming the trial court judgment. No motions for
rehearing or reconsideration were filed. Appellant’s deadline to file a
petition for discretionary review was October 1, 2015. Tex. R. App. P. 68.2.
2. Undersigned counsel sent Appellant notice of the opinion and
judgment and instructions on how to file a pro se petition for discretionary
review within 5 days of the date of issuance as required by Texas Rules of
Appellate Procedure. Due to an error, the letter was sent to his last known
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home address in Cenizo, Texas. Appellant is incarcerated. After discovering
the error, counsel express- mailed another copy of the letter and judgment to
Appellant c/o Reg. No. 48232379, U.S. Penitentiary, 4700 Bureau Road
South, Terre Haute, IN 47802 and it was shown received on September 24,
2015 – i.e., seven days before his deadline to file a petition for discretionary
review.
3. Appellant has notified undersigned counsel that he wishes to
proceed with a petition for discretionary review. His deadline to seek an
extension of time from this Court is October 15, 2015. As a courtesy,
counsel is filing this motion for extension of time on his behalf to ensure that
the deadline is met.
4. Counsel does not represent Appellant on this petition for
discretionary review and will notify Appellant again that he must proceed
pro se unless he retains counsel.
Wherefore, premises considered, Appellant Enrique Sanchez Salazar
asks this Court to extend the time to file a petition for discretionary review
and for such other and further relief to which he may be entitled.
Respectfully submitted,
/s/ Abner Burnett
Abner Burnett
SBN 03425770
Bee County Regional Public Defender
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316 S. Closner Blvd.
Edinburg, Texas 78539
Tel: (956) 393-6202
Fax: (956) 423-3674
ABURNETT@trla.org
Certificate of Service
The undersigned attorney hereby certifies that a true and correct copy of the
foregoing documents has been delivered via electronic file manager to Jose
Aliseda, the 156th District Attorney, and Edward Shaughnessy, and to
Enrique Sanchez Salazar, No. 48232379, U.S. Penitentiary, 4700 Bureau
Road South, Terre Haute, IN 47802, on this 15th day of October, 2015 via
certified mail/return receipt requested 7013 3020 0002 0627 7334.
/s/ Abner Burnett
Abner Burnett
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