PD-1670-15 PD-1670-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/24/2015 9:12:27 PM
Accepted 12/28/2015 1:18:35 PM
ABEL ACOSTA
CAUSE NO. PD ________________________ CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS
__________________________________________________________________
APPEAL OF A JUDGMENT IN TRIAL CAUSE NO. CR-2968-11-B
FROM THE 93RD DISTRICT COURT OF HIDALGO COUNTY, TEXAS
PRESIDING JUDGE RUDY DELGADO
__________________________________________________________________
GRACIELA CASAS ARJONA, Petitioner
VS.
THE STATE OF TEXAS, Respondent
__________________________________________________________________
APPELLANT’S FIRST MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
_________________________________________________________________
Respectfully submitted,
Victoria Guerra
320 W. Pecan Blvd
McAllen, Texas 78504
(956) 618-2609
(956) 618-2553 (fax)
State Bar Number: 08578900
December 28, 2015 Appellant’s Attorney
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MAY IT PLEASE THE COURT:
COMES NOW Petitioner, Graciela Arjona, by and through her court-
appointed appellate attorney, and files this motion for extension of time to file her
petition for discretionary and would show this Court the following:
This is Appellant’s first motion for extension of time to file her petition for
discretionary review in this matter. A thirty-day (30) extension is sought for the
following reasons:
1. The Undersigned was appointed to replace attorney Patricia A. Rigney in
the appeal of Aguayo v. State of Texas pending before this Court, appellate cause
number 13-14-00650-CR. Said brief was due on October 19, 2015 but another
extension was sought due to this replacement and due to the fact that the case had
been consolidated with another two cases, but nothing from the other cases were
designated or contained in the appellate record. The appellate court abated the
appeal and remanded the case to the district court for further proceedings to clarify
the consolidation and issues of sealed exhibits that are not available for counsel’s
viewing. Meanwhile, the Undersigned, new to this case, has spent a great deal of
time analyzing the record and submitting designations and other motions in order to
clarify the appellate record. Further the Undersigned has been busy reading this
voluminous record over 33 volumes.
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2. The Undersigned researched, drafted, and filed on November 20, 2015, a
response to appellant’s motion for new trial in the case of Martinez v. Martinez, trial
court cause no. 2014-DCL-06699, appellate cause number 13-15-00511-CV. A
contested hearing on this motion for new trial is set for December 10, 2015 in
Cameron County, Texas. Much preparation has taken place for this hearing.
3. The Undersigned had a deadline to file pre-trial motions by December 2,
2015 in cause number 7:15-cr-01589, USA v. Rivera-Paredes. Final pre-trial was
set for December 29, 2015. Discovery in this case is voluminous. The Undersigned
must complete the discovery process (which includes listening to hours of recorded
conversation and surveillance) and convey said information to the Defendant prior
to final pre-trial. A continuance of final pre-trial was granted for one month.
4. The Undersigned became indisposed December 4, 2015 with an upper
respiratory infection that left her incapable of working on this deadline for about 1.5
weeks.
5. The Undersigned filed a brief on 11-21-15 in the case of Espronceda v.
Esponceda, cause number 13-15-00081-CV.
6. The Undersigned has a petition for discretionary review due on December
24, 2015.
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7. The Undersigned has a brief on the merits due in the Texas Supreme Court
in the case of Texas Department of Public Safety v. Ibarra in cause no. 15-0209 on
December 31, 2015.
9. The Undersigned has a brief due in this Court in the case of Juarez v. Juarez
(Molina), cause no. 13-14-00401-CV on December 30, 2015.
As a result of the foregoing, Appellant seeks a 30-day extension of time to file
this brief. If granted, this brief will be due on January 25, 2015.
WHEREFORE, Appellant prays that this Court grant her a 30-day of
extension of time to file this brief, thereby making it due on January 25, 2015.
Respectfully submitted,
Law Office of Victoria Guerra
3219 N. McColl Rd.
McAllen, Texas 78501
(956) 618-2609
(956) 618-2553 (fax)
By: /s/ Victoria Guerra
Victoria Guerra
Appellate Attorney for Appellant
State Bar No.: 08578900
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CERTIFICATE OF CONFERENCE
On December 24, 2015, the Undersigned attempted communication iwht
ADA Ted Hake, but was unable communicated with him. As such, the parties
were unable to resolve the substance of this motion.
/s/ Victoria Guerra
Victoria Guerra
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CERTIFICATE OF SERVICE
On this day, the foregoing document was delivered to Appellant’s
counsel Michael Morris via email: Ted.hake@da.co.hidalgo.tx.us
SIGNED this 24th day of December, 2015.
/s/ Victoria Guerra
Victoria Guerra
CERTIFICATE OF COMPLIANCE
In compliance with TRAP 9.4(i)(3), the undersigned certifies that the number
of words in this brief, excluding those matters listed in Rule 9.4(i)(l), is 523.
SIGNED this 24th day of December, 2015.
/s/ Victoria Guerra
Victoria Guerra
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