PD-0840-15
PD-0840-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/6/2015 10:09:24 PM
Accepted 7/9/2015 3:22:43 PM
ABEL ACOSTA
CLERK
NO. ________________
FERNANDO PENA § IN THE COURT OF
§
VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
MOTION TO EXTEND TIME TO
FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Fernando Pena, Petitioner 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:
1. The cause number for this case in the Seventh Court of Appeals
is 07-14-00163-CR, styled “Fernando Pena v. The State of Texas.” The trial
court cause number was B19587-1401, styled “The State of Texas v.
Fernando Pena,” in the 242nd District Court of Hale County, Texas.
2. On June 4, 2015, the Seventh Court of Appeals affirmed
Petitioner's conviction. Pena v. State, 2015 Tex. App. LEXIS 5733 (Tex.
App. Amarillo June 4, 2015). The petition for discretionary review is
therefore due on July 6, 2015.
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July 9, 2015
3. No previous extensions have been requested or granted in this
matter.
4. Counsel has been unable to complete the petition for the
following reasons:
Petitioner is indigent, and the undersigned counsel has been appointed
to represent Petitioner on appeal.
While preparing the petition for final review and filing on July 6,
2015, the undersigned counsel lost use of his computer during a significant
thunder and lightning storm in Hereford, Texas. As a result of a power
outage, counsel’s computer was damaged and could not be restarted. All
research and drafts of documents in this case were stored on that computer.
Counsel is going to have to re-create a significant portion of his research and
drafting pending the recovery of the data on his computer.
5. The Defendant/Petitioner is not currently incarcerated.
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully
requests an extension of 30 days, i.e. until August 5, 2015, to file a petition
for discretionary review.
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Respectfully submitted,
Easterwood, Boyd & Simmons, PC
623 N. Main Street, P.O. Box 273
Hereford, TX 79045
Tel: (806) 364-6801
Fax: (806) 364-2526
By: /s/ James B. Johnston
James B. Johnston
State Bar No. 10838200
Email: bryan@ebs-law.net
Attorney for Fernando Pena
CERTIFICATE OF COMPLIANCE
This is to certify that the number of words in this document according
to the word count of the program used to prepare the document is 449.
/s/ James B. Johnston
James B. Johnston
CERTIFICATE OF SERVICE
This is to certify that on July 6, 2015, a true and correct copy of the
above and foregoing document was served on the Hale County District
Attorney’s Office by facsimile transmission and first class mail and by first
class mail on the State’s Prosecuting Attorney.
/s/ James B. Johnston
James B. Johnston
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Pena, Fernando
Combined Opinion