PD-0512-15
COURT OF CRIMINAL APPEALS
NO.
MAY 04 2015
MARIO QUINTERO, #1878429, § IN THE COURT OF ^ ^^ ^
Appellant/Petitioner, §
§
VS. § CRIMINAL APPEALS
THE STATE OF TEXAS, § „ ilLtU IN
§ COURT OF CRIMINAL APPEALS
Appellee/Respondent. § OF TEXAS
NAY 04 2015
APPELLANT'S MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW .. .A x rtl ,
— Abel Acosta, Clerk
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Appellant Mario Quintero respectfully moves the Court for a 60-day
extension of time, or until July 29, 2015, to file his Petition for Discre
tionary Review (PDR), as authorized by Tex.R.App.P. 10.5(b) and 68.2(c).
1. This case is presently pending in the Fourth Court of Appeals, San
Antonio, Texas.
2. The style and number of the case is Mario Quintero v. The State of:
Texas, Appeal No. 04-13-00596-CR.
3. The style and number of the case in the trial court is The State of
Texas v. Mario Quintero, Cause No. 11-07-10748-CR; from the 38th District
Court of Medina County, Texas.
4. The date of the Court of Appeals' judgment is April 15, 2015.
5. The San Antonio Court of Appeals affirmed the conviction on April 15,
2015.
6. The present deadline for filing a PDR is May 15, 2015. The present
deadline for filing a motion for extension of time to file a PDR under Tex.R.
App.P. 68.2(c) is June 1, 2015.
7. The length of time requested for the extension is 60 days from the
present deadline for filing a motion for extension of time to file a PDR under
Appellant's Motion for Extension of Tine to File Petition far Discretionary Review - Page 1
Tex.R.App.P. 68.2(c).
8. The number of extensions previously granted regarding the item in
question is none.
9. The facts relied upon to show good cause for the requested extension
are:
a. Mr. Quintero was represented by court-appointed counsel during the
appeal of this conviction to the Court of Appeals.
b. The trial court has not appointed counsel to file a PDR.
c. The legal and factual issues addressed by the Court of Appeals are
complex, and Mr. Quintero cannot adequately prepare his PDR before the
present deadline.
d. Mr. Quintero has no access to a copy machine and will have to mail
the PDR home when complete to obtain copies for filing and service on
opposing counsel.
e. Mr. Quintero needs additional time to either prepare and file the PDR
pro se or to seek legal assistance for filing the PDR.
10. Mr. Quintero has neither the time nor the resources to ask opposing
counsel whether he or she has any objections to this Motion. The granting of
this Motion will not be prejudicial to the State because it will not undo past
executed effects of the judgment.
WHEREFORE, Appellant Mario Quintero respectfully moves the Court for a
60-day extension of time, or until July 29, 2015, to file his Petition for
Discretionary Review, as authorized by Tex.R.App.P. 10.5(b) and 68.2(c).
SUBMITTED and SUBSCRIBED on this the 29_ daY of A*t° \ ' 2015.
Respectfully submitted,
Mario Quintero, Pro Se
TDCJ-CID #1878429
Connally Unit
899 FM 632
Kenedy/ Texas 78119
Appellant's Motion for Extension of Tine to File Petition for Discretionary Review - Page 2
DECLARATION
"I, Mario Quintero, TDCJ-CID #1878429, presently incarcerated in
the Texas Department of Criminal Justice Correctional Institutions
Division at the Connally Unit in Karnes County, Texas, declare under
penalty of perjury under Chapter 132 of the Texas Civil Practice and
Remedies Code and 28 U.S.C. § 1746, that the facts stated in this
Motion for Extension of Time are true and correct and that I placed
this Motion for Extension of Time in the prison mailbox on this date.
"Executed on this the ^A. day of Pfic? 1 ,2015."
Mario Quintero
CERTIFICATE OF SERVICE
I certify that on this the _29_ <3ay of APrf 1 '2015' 1 served the
following parties with a true and correct copy of this Motion for Extension of
Time by U.S. mail through the prison mailbox in a postpaid package to the
addresses written below:
Medina County District Attorney's Office
3102 Avenue G
Hondo, Texas 78861 ^
State Prosecuting Attorney
P.O. Box 13046
Capitol Station
Austin, Texas 78711
Mario Quintero
Appellant's Motion for Extension of Tine to File Petition for Discreticnary Review - Page 3