PD-0879-15
*
PD-0879-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/7/2015 2:38:56 PM
Accepted 8/11/2015 1:58:08 PM
ABEL ACOSTA
NO. 04-14-00378-CR
CLERK
ROBERTO GARCIA § 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 JUDGES OF SAID COURT:
Now comes ROBERTO GARCIA, Appellant 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. On June 8, 2015, the Court of Appeals affirmed appellant's
conviction. ROBERTO GARCIA v. State, 04-14-00378-CR. This petition is
therefore due on July 9, 2015, thirty (30) days from the date that the Court of
Appeals affirmed appellant's conviction.
2. Counsel has been unable to complete the petition for the following
reasons: Counsel has been unable to complete the petition due to the fact that
counsel has been battling illness that has resulted in his hospitalization on two
separate occasions. Counsel was hospitalized on July 13, 2015, at Christus Spohn
Kleberg in Kingsville, Kleberg County, Texas. Counsel was hospitalized on July
27, 2015, at Christus Spohn Hospital Shoreline in Corpus, Christi, Texas. It was
medically necessary for Counsel to undergo a surgery on August 7, 2015, that
resulted in the failure to meet the extension deadline to file a petition for
discretionary review. Counsel is currently recovering. FILED IN
3. Defendant is currently free on bond. COURT OF CRIMINAL APPEALS
August 11, 2015
ABEL ACOSTA, CLERK
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests an extension of 30 days to file a petition for discretionary review.
Respectfully submitted,
DAVID T. GARCIA
721 E. King
KINGSVILLE, TX 78363
Tel: (361) 595-4142
Fax: (361) 595-0544
/s/David T. Garcia
By:.
DAVID T. GARCIA
State Bar No. 07631800
davidtgarcia0881 @gmail.com
Attorney for ROBERTO GARCIA
CERTIFICATE OF SERVICE
This is to certify that on August 7, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Brooks
County, 100 East Miller Street, Falfurrias, Texas 78355, by mail.
/s/David T. Garcia
DAVID T. GARCIA