JANUARY 20, 2015
PD-0032-15
CASE NO. 14-13-01043-CR
STATE OF TEXAS § IN THE FOURTEENTH
VS. § COURT OF APPEALS
TONY MERLOS § SITTING IN HOUSTON,
MOTION TO EXTEND TIME TO
FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes TONY MERLOS, appellant in the above styled
and numbered cause, and moves for an extension of time
of 30 days to file a petition for discretionary review,
and for good cause shows the following:
I.
This case is on appeal from the 155th Judicial
District Court of Austin County, Texas.
II.
The case below was styled the STATE OF TEXAS V. TONY
MERLOS and numbered 2011R-0105.
III.
Appellant was convicted by a jury of the offense of
Indecency with a Child-Contact. Sentence was imposed at
Life with Possibility of Parole, in the Institutional
Division of the Texas Department of Criminal Justice on
October 8, 2013 by the Honorable Jeff Steinhauser, Judge
in the 155th District Court of Austin County.
IV.
Appeal was had to the Fourteenth Court of Appeals.
On November 25, 2014, the Fourteenth Court of Appeals
affirmed appellant's conviction in STATE OF TEXAS V.
TONY MERLOS and numbered 2011R-0105. The Petition
for Discretionary Review was therefore due on
December 29, 2014. This is appellant's first request
to extend the time of filing of his Petition for
Discretionary Review.
II.
Counsel has been unable to complete and file
Appellant's Petition for Discretionary Review within the
required time period. Appellant relies on the following
facts as good cause for his requested extension of the
time for filing:
During the pendency of this appeal Counsel was a
solo practitioner in Austin County. In additional to his
other legal responsibilities, counsel is under contract
along with two other counsel for all indigent defense
services in Austin County, except for appeals and
Capital Murder cases. Additionally counsel is one of six
attorneys under contract for felony indigent defense
services in Waller County. Further, counsel has been
involved in the following matters since the time of the
decision of the Court of Appeals to today's date:
11-25-14-ACD-BURGER, TAYLOR
12-1-14-12-4-14-281st DCHC-PREYEAR V. KANDASAMY-JURY-TR
12-9-14-ACD-VARGAS,MARTIN,JACKSON,BURGER,HERNANDEZ,BYRD
12-16-14-WCD-HERRON,GARDNER,ALEXANDER
12-18-14-COLCODC-BENCH TRIAL-WILLIAMS V. POLASEK
ACD-BURGER
WCD-STYERS
1-6-15-ACD-PICKRON-MURDER CASE-FINAL PT
BURGER, PHILLIPS
1-8-15 - ACCL-RHINEHART,HOOD
Further, counsel is set in the following proceeding
from today's date to the requested extension date.
1-12-15-ACD PICKRON-MURDER TRIAL
1-13-15-WCD506-
1-15-15-WCD506-
1-20-15-ACD-VARGAS,SWINDLE,HORDGE
1-29-15-ACCL-MOORE
WCD506 - WALLER COUNTY 506TH DISTRICT COURT
ACD - AUSTIN COUNTY 155TH DISTRICT COURT
COLCODC - COLORADO COUNTY 25TH DISTRICT COURT
281ST DCHC - 281ST DISTRICT COURT HARRIS COUNTY
ACCL - AUSTIN COUNTY COURT AT LAW
WHEREFORE, PREMISES CONSIDERED, appellant respect-
fully requests an extension of 30 days from the due date
to file his petition for discretionary review.
Respectfully submitted,
CALVIN GARVIE
POST OFFICE BOX 416
BELLVILLE, TEXAS 77418
(979) 865 - 5456
BY:
CALVIN GARVIE
STATE BAR NO.:07714300
TEXATTYCG@AOL.COM
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this extension
request was delivered or sent to the offices of the
Austin County District Attorney, One East Main,
Bellville, Texas 77418 and the State Prosecuting
Attorney, P.O. Box 12405, Austin, Texas 78711 on
January 12, 2015 by e-mail or fa
CALVIN GARVIE
STATE OF TEXAS §
COUNTY OF AUSTIN §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day
personally appeared CALVIN GARVIE, who after being duly
sworn stated:
"I am the attorney for the appellant in the
above numbered and entitled cause. I have read
the foregoing MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW and swear
that all of the allegations of fact contained
therein are true and correct to e best of my
knowledge."
ALVIN GARVIE
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on
January 11, 2015, to certify which witness my hand and
seal of office.
dAiAL)
Notary Public, State of Texas
Merlos, Tony v. State
Combined Opinion