PD-1057-15
PD-1057-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/13/2015 10:32:19 AM
Accepted 8/17/2015 1:37:18 PM
ABEL ACOSTA
NO. 14-14-00262-CR CLERK
IN THE COURT OF APPEALS
FOURTEENTH DISTRICT
HOUSTON, TEXAS
NO. 1416917
IN THE TRIAL COURT
180TH JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS
ISMAEL TREVINO § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
MOTION FOR EXTENSION OF TIME
FOR FILING PETITION FOR DISCRETIONARY REVIEW
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
August 17, 2015 STATE BAR NO. 10431500
Email: allenisbell@sbcglobal.net
COUNSEL ON APPEAL
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW ISMAEL TREVINO, appellant, by and through his
counsel on appeal, ALLEN C. ISBELL, and respectfully requests this
Honorable Court grant an Extension of Time for Filing a Petition for
Discretionary Review.
I.
The Fourteenth Court of Appeals in Houston, Texas, delivered an
opinion in this matter on July 23, 2015, in Cause No. 1416917, entitled
ISMAEL TREVINO vs. The State of Texas.
II.
The present deadline for filing the Petition for Discretionary Review is
August 22, 2015.
III.
Appellant requests that the time be extended until September 21, 2015.
IV.
Counsel is unable to timely file the Petition for Discretionary Review
within the time prescribed by the TEXAS RULES OF APPELLATE
PROCEDURE for the following reasons:
c:\appeals\trevino\ext. pdr Page 2 of 5
1. Counsel is preparing for the following Trials:
• State vs. Aguilar, Cause No. 1370058 (Murder)(set to begin
August 17, 2015);
• State vs. Earls, No. 1388874 (Capital Murder)(set to begin
September 8, 2015);
• State vs. Pinnock, Nos. 1435200 & 1393885 (Aggravated
Assault with a Deadly Weapon & Evading Arrest).
2. Counsel has recently represented the following in court: State vs.
Allen, Nos. 1475254 & 1403306; State vs. Block, Nos. 1477559
& 1477560;State vs. Bonds, No. 1436427; State vs. Barnaba, No.
1470729; State vs. Bell, No. 1458279; State vs. Davis, No.
1438664; State vs. Dornes, No. 1477372; State vs. Dow, Nos.
1470185 & 1470186; State vs. Dudley, No. 1475827; State vs.
Earls, Nos. 1466223, 1466229, 1466318, & 1466692; State vs.
Ellis, Nos. 1473854 & 1473855; State vs. Harris, No. 1471752;
State vs. Hastings, No. 1464287; State vs. Hornsby, Nos.
1455466, 1455467 & 1455768; State vs. Magee, Nos. 1392085,
1386835, 1387732, & 1386809; State vs. Monroe, No. 1470489;
State vs. Morris, No. 1458287; State vs. Perez, No. 1448860;
State vs. Perkins, No. 1459848; State vs. Pinnock, Nos. 1435200
& 1393885; State vs. Sylmon, No. 1467313; State vs. Rodriguez,
No. 1464967; State vs. Ward, Nos. 1284273, 1297205, &
1297206;
V.
This is the first (1) extension requested.
VI.
This motion is urged at the first opportunity as appellant is indigent and
will suffer irremediable harm if it is not granted.
c:\appeals\trevino\ext. pdr Page 3 of 5
WHEREFORE, PREMISES CONSIDERED, appellant prays that this
Honorable Court grant this extension of time in which to file the Petition for
Discretionary Review until September 21, 2015.
Respectfully submitted,
/s/ Allen C. Isbell
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
Email: allenisbell@sbcglobal.net
COUNSEL ON APPEAL
Certificate of Service
I hereby certify that on this 13th day of August, 2015, a true and correct
copy of the foregoing Motion for Extension of Time for Filing Appellant's
Petition for Discretionary Review has been sent to the District Attorney's
Office, Appellate Division, and to Mr. Ismael Trevino, appellant.
/s/ Allen C. Isbell
ALLEN C. ISBELL
c:\appeals\trevino\ext. pdr Page 4 of 5
Certificate of Compliance
The undersigned attorney on appeal certifies this motion is computer
generated and consists of 572 words. Counsel is relying on the word count
provided by the Word Perfect computer software used to prepare the motion.
/s/ Allen C. Isbell
ALLEN C. ISBELL
c:\appeals\trevino\ext. pdr Page 5 of 5