PD-0484-15
PD-0484-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/30/2015 6:58:25 PM
Accepted 5/1/2015 11:44:54 AM
In the Court of Criminal Appeals of Texas ABEL ACOSTA
CLERK
Cause No._________
May 1, 2015
on Direct Appeal from
In the Court of Appeals
for the Thirteenth District of Texas
COA Cause No: 13-13-00190-CR
Albert Rodriguez Medellin v. State of Texas
Trail Cause No. CR-2011-196
From the 207th District Court
of Comal County, Texas
Appellant’s First Motion for Extension of Time to File
Petition for Discretionary Review.
TO THE HONORABLE PRESIDING JUDGE AND ASSOCIATE JUDGES
OF THE COURT OF CRIMINAL APPEALS OF TEXAS:
Appellant presents this First Motion for Extension
of Time of Thirty Additional Days to File the Petition
for Discretionary Review as follows:
1. The Court of Appeals for the Thirteenth Judicial
District of Texas affirmed the conviction of the
Appellant on April 2, 2015.
2. The Petition for Discretionary Review is due to
be filed by May 4, 2015.
3. Appellant seeks an extension of 30 days, from
the present deadline of May 4, 2015 to a new deadline
1
of Wednesday, June 3, 2015, to file a Petition for
Discretionary Review.
4. No other extensions of time have been sought or
granted for a Petition of Discretionary Review in this
case.
5. The Court of Criminal Appeals of Texas may
extend the time to file a Petition for Discretionary
Review.
“After the filing and denial of Foster's motion
for rehearing, Foster, after obtaining an
extension of time from the Court of Criminal
Appeals, timely filed a petition for
discretionary review on December 1, 2009. See
Tex.R.App. P. 50.” Foster, v. State,320 S.W. 3d
635 (Tex.Crim.App.2010)
8. The grounds for this request are that the family
is trying to gather the funds in order to hire counsel
to file a Petition for Discretionary Review on behalf
of the Appellant.
Conclusion and request for relief
2
The Court of Criminal Appeals of Texas should
extend the time to file the Petition for Discretionary
Review from May 4, 2015 until June 3, 2015.
LAW OFFICE OF LARRY WARNER
RESPECTFULLY SUBMITTED
April 30, 2015
By:
/s/Larry Warner
Larry Warner,
Counsel for Appellant
3109 Banyan Circle
Harlingen, Texas 78550
Phone(956)230-0361
Fax(866)408-1968
Office@larrywarner.com
Texas Bar#20871500;USDC,SDTX
1230; Board Certified,
Criminal Law,Texas Board of
Legal Specialization(1983)
3
In the Court of Criminal Appeals of Texas
Cause No._________
on Direct Appeal from
In the Court of Appeals
for the Thirteenth District of Texas
COA Cause No: 13-13-00190-CR
Albert Rodriguez Medellin v. State of Texas
Trail Cause No. CR-2011-196
From the 207th District Court
of Comal County, Texas
CERTIFICATE OF SERVICE
I emailed and faxed a copy of the Appellant’s
First Motion for Extension of Time of Thirty Additional
Days to File a Petition for Discretionary Review, the
document to which this certificate is attached, to:
Honorable Jennifer Tharp, Criminal District Attorney of
Comal County, Texas 150 North Seguin Avenue, Suite 307,
New Braunfels, Texas 78130 Fax: 830-620-5599 and
Email:contact7@co.comal.tx.us I emailed and faxed it on
April 30, 2015.
LAW OFFICE OF LARRY WARNER
RESPECTFULLY SUBMITTED
By:
/s/Larry Warner
Larry Warner,
Counsel for Appellant
4