PD-0522-15
PD-0522-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/4/2015 6:44:35 PM
Accepted 5/6/2015 10:39:34 AM
CRIMINAL APPEAL CASE NO. ________________ ABEL ACOSTA
CLERK
4TH COURT OF APPEALS NO. 04-13-00789-CR
JOHN CHRISTOPHER DOMINGUEZ * IN THE COURT OF
*
VS. * CRIMINAL APPEALS
*
THE STATE OF TEXAS * AUSTIN, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE PETITION
FOR WRIT OF DISCRETIONARY REVIEW
NOW COMES APPELLANT, JOHN CHRISTOPHER DOMINGUEZ, and
submits to this Honorable Court his Motion for Extension of Time
to File Petition for Writ of Discretionary Review and in support
thereof would show:
1. Appellant was convicted by a jury of the felony
offense of KIDNAPPING, alleged to have been committed September
9, 2010.
2. Appellant was sentenced on October 10, 2013, to serve
a term of sixty years confinement in the Texas Department of
Criminal Justice Institutional Division.
3. Notice of Appeal was given, and a Motion for New Trial
was filed. The Motion for New Trial was denied, and the
Appellant filed appeal.
4. Appellant’s Brief was filed with the Honorable Fourth
Court of Appeals on May 29, 2014, and the Appellee’s Brief was
then subsequently filed August 8, 2014.
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May 6, 2015
5. The Honorable Fourth Court of Appeals issued an
Opinion on March 25, 2015. That Opinion denied each of the
Appellant’s issues that had been presented in Appellant’s Brief
as error. The Panel Opinion was 2-1, with a well-crafted
dissenting opinion.
6. The Petition for Writ of Discretionary Review was
therefore due thirty (30) days later, on April 24, 2015. Now,
within fifteen (15) days of that date, Appellant moves for an
extension of time to file his Petition for Writ of Discretionary
Review.
7. There have been no prior Motions for Extension of time
to file the Petition for Writ of Discretionary Review.
8. Appellant requests a thirty day extension of the April
24, 2015, deadline. A thirty day extension would extend the
deadline to Sunday May 24, 2015. Since that date is a weekend
date, and the Honorable Clerk’s office is closed, the new due
date requested is the first immediately following business day,
May 26, 2015.
9. During the time between the Fourth Court’s Opinion and
the due date for the Petition for Writ of Discretionary Review,
undersigned counsel tried a Habitual Felony four count
indictment to jury trial, only three months after appointment.
He also filed a different Appellant’s Brief with the Honorable
Fourth Court of Appeals, attended dozens of court settings,
completed a non-jury criminal trial, and prepared two other
cases for certain trials that did not happen.
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10. This Motion is not brought for purposes of delay, but
so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Motion be granted and that the time period for filing the
Petition for Writ of Discretionary Review be extended until May
26, 2015.
Respectfully Submitted,
/s/
_____________________________
PATRICK B. MONTGOMERY
SBN 14295350
111 Soledad, Suite 300
San Antonio, TX 78205
(210) 225-8940
(978) 285-4664 Telecopier
ATTORNEY FOR APPELLANT
PatMontgomery@Gmail.com
CERTIFICATE OF SERVICE
I, PATRICK MONTGOMERY, do hereby certify that I have filed the
aforegoing Appellant’s Motion for Extension of Time to File Petition for
Discretionary Review with the state efiling system, and requested service
upon counsel for Respondent Bexar County District Attorney’s Office.
/s/
__________________________
PATRICK B. MONTGOMERY
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CRIMINAL APPEAL CASE NO. ________________
4TH COURT OF APPEALS NO. 04-13-00789-CR
JOHN CHRISTOPHER DOMINGUEZ * IN THE COURT OF
*
VS. * CRIMINAL APPEALS
*
THE STATE OF TEXAS * AUSTIN, TEXAS
On this the _______ day of _______________________, 20__,
came to be heard Appellant’s Motion for Extension of Time to
File Petition for Writ of Discretionary Review, and it appears
to the Court that this Motion should be:
GRANTED / DENIED
IT IS THEREFORE ORDERED that the deadline for filing the
Petition for Writ of Discretionary Review is the ________ day of
__________________________,20____.
________________________
JUDGE PRESIDING
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