PD-0481-15
PD-0481-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/30/2015 2:10:02 PM
Accepted 5/1/2015 11:06:16 AM
ABEL ACOSTA
NO. _____________________ CLERK
IN THE COURT OF CRIMINAL APPEALS
RUBEN GARCES,
Appellant,
v.
May 1, 2015 THE STATE OF TEXAS,
Appellee.
On Appeal from the 118th District Court
of Glasscock County, Texas
Cause No. 432 (Hon. D. Timothy Yeats)
and
NO. 11-13-00085-CR
from the
THE COURT OF APPEALS FOR THE ELEVENTH JUDICIAL DISTRICT
EASTLAND, TEXAS
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The Eastland Court of Appeals affirmed Appellant’s conviction on
March 26, 2015. The Petition for Discretionary Review in this cause was due on
April 27, 2015, day thirty having fallen on Saturday, April 25, 2015. Prior to the
instant Petition for Discretionary Review being due, Appellant’s counsel was busy
with several matters, a sample of which includes answering written discovery in
Cause No. 10,313-D, Heather Thames v. Anita Brady, in the Honorable 350th District
Court of Taylor County, Texas, answering written discovery in Cause No. 22,614,
Elvin Hogue, et al v. CCI Ventures, Inc., in the Honorable County Court at Law No.
1 of Taylor County, Texas, and attending an out-of-town mediation in Cause No.
2013-58,235; Judith Dunbar v. Starcon International, Inc., in the Honorable 80th
District Court of Harris County, Texas. Counsel was also mustering and presenting
alibi evidence and secured a dismissal by the State of charges in Cause No. 11,528-
D, State of Texas v. Jason Pierce, in the Honorable 350th District Court of Taylor
County Texas. Further, counsel was resolving a discovery dispute in Cause No.
48,432‐A, Rowdy Lord v. Texas Midwest Emergency Physicians, in the Honorable
42nd District Court of Taylor County, Texas.
Therefore, counsel has been unable to complete the Petition for
Discretionary Review.
Counsel prays for a thirty (30) day extension, which would make the
Petition for Discretionary Review due on May 27, 2015. This is the first extension
request for filing Appellant’s Petition for Discretionary Review.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court
enters an order extending the deadline for filing his Petition for Discretionary
Review for thirty (30) days.
Respectfully Submitted,
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/s/Rick Dunbar________________
FREDERICK DUNBAR
GALBREATH LAW FIRM
rick@galbreathlawfirm.com
Texas Bar No. 24025336
4542 Loop 322
Suite 102
Abilene, Texas 79602
Telephone: 325/437.7000
Facsimile: 325/437.7007
CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of April, 2015, a true and correct copy
of the above and foregoing was forwarded all counsel of record in a manner
consistent with the requirements of the law.
/s/Rick Dunbar________________
Rick Dunbar
CERTIFICATE OF COMPLIANCE
According to the word count of the undersigned’s word processor, this
document has 435 words. This document in therefore compliant.
/s/Rick Dunbar________________
Rick Dunbar
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Garces, Ruben Montes
Combined Opinion