PD-0120-15
PD-0120-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
February 4, 2015 Transmitted 2/2/2015 12:00:00 AM
Accepted 2/4/2015 10:22:48 AM
ABEL ACOSTA
NO. ______________________ CLERK
JORGE GARCIA § IN THE COURT OF
§
VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes JORGE GARCIA, Appellant in the above styled and numbered
cause, and moves for an extension of time of 45 days to file a petition for
discretionary review, and for good cause shows the following:
1. On December 18, 2014, the Thirteenth Court of Appeals in Corpus
Christi-Edinburg affirmed appellant's conviction and rendered its opinion and
judgment in JORGE GARCIA v. State, Trial Court No. 98-CR-446-B. Court of
Apeals No. 13-13-00547. This petition is therefore due on January 20, 2014.
2. Appellant requests an extension of time for file his petition for
discretionary review of forty-five days, to March 6, 2015. This is Appellant’s first
request for an extension of time in this case.
3. Appellant relies on the following facts as reasonable explanation for
the requested extension of time: Counsel has been unable to complete the petition
for the reason that Counsel has been laboring under an unusually heavy caseload
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and, having been retained by Appellant on January 16, 2015, has not had sufficient
opportunity to complete and file the petition for discretionary review in this matter.
4. The undersigned has conferred with opposing counsel, who indicated
there was no opposition to this request.
5. Defendant is currently not incarcerated an remains on out on bond.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests an extension of 45 days, i.e. until March 6, 2015, to file a petition for
discretionary review.
Respectfully submitted,
LAW OFFICES OF
RICHARD J. W. NUNEZ, L.L.P.C.
144 E. Price Road
Brownsville, Texas 78521
Tel: (956) 541-8502
Fax: (956) 541-8623
By:/s/Richard J. W. Nunez
Richard J. W. Nunez
State Bar No. 15134600
E-Mail: rjwnlaw@aol.com
Attorney for JORGE GARCIA
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CERTIFICATE OF SERVICE
This is to certify that on January 31, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office,
Refugio County:
Hon. Rene Gonzalez
Office of the Cameron County District Attorney
Cameron County Courthouse
973 E. Harrison Street
Brownsville, Texas 78520
Telecopier: 956/544-0869
/s/Richard J. W. Nunez
Richard J. W. Nunez
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Hon. Rene Gonzalez, assistant District Attorney
with the Office of the Cameron County Dsitrict Attorney’s Office, who indicated that this
motion is unopposed.
/s/Richard J. W. Nunez
Richard J. W. Nunez
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Garcia, Jorge
Combined Opinion