Aguilera, Miguel Angel

• Court: Court of Appeals of Texas
• Decided: December 18, 2015
• Docket: PD-1636-15
• Status: Published

Opinion

PD-1636-15 PD-1636-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS December 18, 2015 Transmitted 12/17/2015 11:44:59 AM Accepted 12/19/2015 9:01:14 AM NO. 13-10-00650-CR ABEL ACOSTA CLERK MIGUEL ANGEL AGUILERA § 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, MIGUEL ANGEL AGUILERA, 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.

On November 234 2015, the 13th Court of Appeals affirmed Appellant's conviction. See,

MIGUEL ANGEL AGUILERA v. THE STATE OF TEXAS, Tr. Ct. No. 13-CR-1492-B

II.

Appellant’s Petition for Discretionary Review in this cause is due on, August 20, 2012.

Counsel respectfully requests 30 days from the presently scheduled deadline to file Appellant’s

petition.

III.

As reason for this request, Counsel states he is currently working on the following

appeals: USA v. Kristopher Michael Montemayor, 15-40197 Fifth Circuit USA v. Obed Torres-Hernandez, 15-41654 Fifth Circuit USA v. Guillero Herrera, 15-40654 Antonio Santos v. States of Texas, 13-15-00353-CR Kevin Lozano v. State of Texas, 13-15-00513-CR

WHEREFORE, PREMISES CONSIDERED, Counsel for Appellant respectfully

requests an extension of 45 days, until Jan 31, 2015, to file a petition for discretionary review.

The additional time is needed because I have spent the last two weeks determine whether the

13th Court of Appeals might reconsider its opinion. As there is a paucity of 13th Court of

1 Appeals case law on the issues involved in this case, and as that Court seems to be reluctant to

publish its own opinions so as to provide guidance to the courts, and counsel, I have concluded

that it would be fruitless to file a request for a rehearing. Additionally, I do not do that simply

because I want more time. Outside of that, these are the holidays, for one. And, I am now going

to write my client to find out if he wishes for me to write the PDR or if he wishes to do it

himself. I will send him a simply post card to respond quickly. However, the mails are a bit

slower during these days. Hence, realistically, not much is going to happen the next two weeks.

I would very sincerely appreciate the additional time.

Respectfully submitted,

Law Office of Philip Cowen 500 E. Levee Street Brownsville, Texas 78520 Tel. 956-541-6031 Fax 956-541-6872 email: ptchb@att.net

____/s/_________ Philip T. Cowen

CERTIFICATE OF SERVICE This is to certify that on Dec. 17, 2012, a true and correct copy of the above and foregoing

document was served on the District Attorney's Office, Cameron County, 974 E. Harrison St.,

Brownsville, Texas 78520, by regular mail.