PD-1181-15
PD-1181-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/11/2015 4:52:42 AM
Accepted 9/14/2015 3:42:44 PM
CAUSE NO. 01-14-00431-CR ABEL ACOSTA
CLERK
STATE OF TEXAS § IN THE FIRST
VS. § COURT OF APPEALS
MARIANNE MAREK § SITTING IN HOUSTON, TEXAS
MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes MARIANNE MAREK, 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:
I.
This case is on appeal from the Austin County Court
at Law.
II.
The case below was styled MARIANNE MAREK V. the STATE
OF TEXAS and numbered 13CR-30663.
III.
Appellant was tried by a jury and convicted of the
offense of Interfering With An officer in the above
cause on March 24, 2014. Sentence was imposed at 1 year
probation by the Honorable Daniel W. Leedy. Austin
County Court at Law Judge on March 24, 2014.
September 14, 2015
IV.
Appeal was had to the FIRST Court of Appeals.
On July 28, 2015, the FIRST Court of Appeals
affirmed appellant's conviction in the above cause.
This Petition for Discretionary Review was therefore
due on August 28, 2015. This is appellant's first
request to extend the time of filing of his Petition
for Discretionary Review.
V.
Appellant's counsel now requests an extension of
time of 30 days from the date the PDR was due to
September 27, 2015, for reasons that follow.
VI.
Counsel has been unable to complete Appellant's PDR
within the required time period. Appellant relies on
the following facts as good cause for his requested
extension of the time for filing:
VII.
Counsel is a solo practitioner, under contract for
all services criminal and juvenile services in Austin
County(with two other attorneys). Further, counsel has
been set in the following court matters in the courts
indicated since the time the prior extension was
granted:
7-30-15-ACCL-BRYANT,VANAKEN,JONES
8-11-15-ACD-MOORE,C-CAMACHO,BATES,CAMPBELL,WARD,HOES,
MILES,TAYLOR,GLASER,THOMPSON,PATEK,TAN
PT-NELSON,COOK
WCD-DANIELS
8-13-15-ACCL-HARRIS,BRYANT,S-JONES,R-JONES,DAVIS
8-25-15-ACD-PRESSWOOD,MADISON,GARZA,TESAR,WALLACE,
D-CAMACHO
8-27-15-ACCL-HILL, JONES
8-31-15-ACD-PICKRON TRIAL (MURDER CASE)
9-8-15-ACD-TARVER,
9-10-15-ACCL-CAMPBELL,THORPE,OLVERA
Further, counsel is set in the following proceeding
from today's date to the requested extension date.
9-11-15-WCD-HOUSTON-SENT-HRG
9-21-15-ACCL-THOMAS
9-22-15-ACD-WARD,CASTRO,GALLEGOS,PENRICE,CAMPBELL,
ANDRUS
9-24-15-ACCL-MCANDREWS-CUSTODY HRG
WCD - WALLER COUNTY 506TH DISTRICT COURT
ACD - AUSTIN COUNTY 155TH DISTRICT COURT
ACCL - AUSTIN COUNTY COURT AT LAW
WHEREFORE, PREMISES CONSIDERED, appellant respect-
fully requests an extension of 30 days from the due date
to file his petition for discretionary review.
Respectfully submitted,
CALVIN GARVIE
POST OFFICE BOX 416
BELLVILLE, TEXAS 77418
(979) 865 - 5456
BY:/s/ Calvin Garvie
CALVIN GARVIE
STATE BAR NO.:07714300
TEXATTYCG@AOL.COM
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this extension
request was delivered or sent to the offices of the
Austin County District Attorney, One East Main,
Bellville, Texas 77418 and the State Prosecuting
Attorney, P.O. Box 12405, Austin, Texas 78711 on
September 10, 2015 by e-mail or fax.
BY:/s/ Calvin Garvie
CALVIN GARVIE
STATE OF TEXAS §
§
COUNTY OF AUSTIN §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day
personally appeared CALVIN GARVIE, who after being duly
sworn stated:
"I am the attorney for the appellant in the
above numbered and entitled cause. I have read
the foregoing MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW and swear
that all of the allegations of fact contained
therein are true and correct to the best of my
knowledge."
CA VIN GA' IE
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on
September 10, 2015, to certify which witness my hand and
seal of office.
Notary Public, State of Texas
.: 011
• k.s DEBBIE K. MCCOSLIN
1 MY COMMISSION EXPIRES
October 20, 2016