PD-1317-15 PD-1317-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/8/2015 5:20:42 PM
Accepted 10/9/2015 2:47:13 PM
CAUSE NUMBER ________________ ABEL ACOSTA
CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
__________________________________________________________________
MARY ZUNIGA
Petitioner
V.
THE STATE OF TEXAS
Respondent
__________________________________________________________________
From the Thirteenth District Court of Appeals, Cause No. 13-14-0316-CR and
the 347th District Court for Nueces County,
Cause No. 13-CR-4404-H, Honorable Missy Medary
________________________________________________________________
PETITION FOR DISCRETIONARY REVIEW
__________________________________________________________________
Motion for Extension of Time to File Petition for Discretionary Review
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, Petitioner, Mary Zuniga, represented by and through her
undersigned counsel, and respectfully submit this Motion for Extension of Time to
File Petition for Discretionary Review.
On April 24, 2014, Petitioner was charged by indictment with Tampering with
Physical Evidence. (C.R 5-6).
On May 12, 2014, Petitioner filed her Defendant’s Amended Motion to Quash
and Exception to Form of Indictment. (C.R. 17-20).
October 9, 2015
On June 4, 2014, the Court granted the motion and entered an Order pertaining
to same. (C.R. 29, T.R. 1-18).
Respondent thereafter filed their notice of the instant appeal and on July 16,
2015, a Panel of the Thirteenth Court of Appeals issued its Memorandum Opinion.
On or about August 17, 2015. Appellee filed her Appellee’s Brief.
In an unpublished opinion delivered July 16, 2015, the Thirteenth Court of
Appeals overturned the judgment of the trial court.
On August 17, 2015, Petitioner filed her Motion for En Banc Rehearing, which
was denied on August 24, 2015.
Accordingly, Petitioner’s deadline to file her Petition for Discretionary Review
was September 23, 2015. Counsel was ill since the beginning of September, and due
to counsel being ill and overwhelmed with work the date was miscalendared.
At this time, Petitioner is requesting an extension to file her Petition for
Discretionary Review within the fifteen (15) allotted Rule 68.2 (c) of the Texas Rules
of Appellate Procedure.
WHEREFORE, PREMISES CONSIDERED, Petitionerr espectfully prays that this
Court grant her Motion for Extension of Time making her Petition for Discretionary
Review on or before October 8, 2015, and accepting as filed on the 8th the previously
filed Petition for Discretionary Review, which is also attached as Exhibit “A,” hereto
and for further relief, either at law or equity, to which she may be justly entitled.
Respectfully submitted,
GALE LAW GROUP, PLLC
P.O. Box 2591
2
Corpus Christi, Texas 78403
Telephone: (361) 808-4444
Telecopier: (361) 232-4139
By: /s/ Christopher J. Gale
Christopher J. Gale
Texas Bar No. 00793766
Email: Chris@GaleLawGroup.com
Attorney for Petitioner
CERTIFICATE OF SERVICE
I hereby certify that on this the 8th day of October 2015, a true and correct
copy of the foregoing was forwarded to the following counsel of record by the
means indicated below:
Doug Norman Via E-File Notification
Assistant District Attorney
NUECES COUNTY DISTRICT ATTORNEY’S OFFICE
Texas Bar Number 24078729
901 Leopard, Room 206
Corpus Christi, Texas 78401
State Prosecuting Attorney Via First Class Mail
P.O. Box 12405
Austin, Texas 78711
/s/ Christopher J. Gale
Christopher J. Gale
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