Aguilar, Paul

• Court: Court of Appeals of Texas
• Decided: September 1, 2015
• Docket: PD-1134-15
• Status: Published

Opinion

PD-1134-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/31/2015 7:40:40 PM Accepted 9/1/2015 12:55:39 PM ABEL ACOSTA CRIMINAL APPEAL CASE NO. ________________ CLERK 4TH COURT OF APPEALS NO. 04-14-00532-CR

PAUL AGUILAR § IN THE COURT OF § VS. § CRIMINAL APPEALS § THE STATE OF TEXAS § AUSTIN, TEXAS

FIRST MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF DISCRETIONARY REVIEW

NOW COMES APPELLANT, PAUL AGUILAR 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 CONTINOUS SEXUAL ABUSE OF A CHILD, alleged to have been committed sometime between 12- 01-07 and 12-01-10. Appellant was indicted June 24, 2013.

2. On July 1, 2014, Appellant was sentenced on to serve a term of fifty years confinement in the Texas Department of Criminal Justice Institutional Division.

3. A timely Notice of Appeal was filed, and the Appellant’s direct appeal to the Honorable Fourth Court of Appeals was denied by Memorandum Opinion on July 15, 2015.

4. The Petition for Writ of Discretionary Review was therefore due thirty (30) days later, on August 15, 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. 1 5. There have been no prior Motions for Extension of time to file the Petition for Writ of Discretionary Review.

6. Appellant requests a thirty day extension of the August 15, 2015, deadline. A thirty day extension would extend the deadline to September 16, 2015.

7. 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 matter to a hung jury in the United States District Court for the Western District of Texas. He also prepared multiple state court cases for other trial settings that fell through, and attended dozens of routine court settings.

8. 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 September 16, 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

2 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

3 CRIMINAL APPEAL CASE NO. ________________ 4TH COURT OF APPEALS NO. 04-14-00532-CR

PAUL AGUILAR § IN THE COURT OF § VS. § CRIMINAL APPEALS § THE STATE OF TEXAS § AUSTIN, TEXAS

ORDER REGARDING APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF DISCRETIONARY REVIEW

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 4