Alvarez, Ex Parte Daniel

Opinion

PD-0419-15

PD-0419-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 4/15/2015 1:29:59 PM Accepted 4/16/2015 11:38:37 AM ABEL ACOSTA

CAUSE NO. _________________ CLERK

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COURT OF CRIM INAL APPEALS AUSTIN, TEXAS

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COURT OF APPEALS NO. 08-13-00025-CR TRIAL COURT NO. 960D10169-384-1

EX PARTE: DANIEL ALVAREZ

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M OTION FOR AN EXTENSION

OF TIM E TO FILE PETITION FOR DISCRETIONARY REVIEW

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TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Petitioner, Daniel Alvarez, files this Motion for Extension of Time to File Petition for Discretionary Review under Tex. R. App. P. 10.1, 10.5(b), and 53.7(f). In support of this motion, Petitioner shows the following: 1. The Eighth Court of Appeals for the Western District in El Paso rendered its opinion and judgment in Ex Parte: Daniel Alvarez, No. 08-13-00025-CR, on January 28, 2015, a motion for rehearing was filed on February 27, 2014 and denied on March 18, 2015. The petition for review due date for filing is due on April 17, 2015. 2. Petitioner requests an extension of time of thirty days, to March 17, 2015. This is Petitioner's first request for an extension of time in this case.

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April 16, 2015 3. Petitioner relies on the following facts as a reasonable explanation for the requested extension of time:

The undersigned has had several court hearings, client conferences, worked on a Petition for Review in a case styled In the Matter of the Estate of Sherman Alexander Hemsley, No. 15-0156 filed on April 2, 2015; prepared for a trial on April 6, 2015 in a case styled The State of Texas v. Marisela Delarosa, No. 20140D02737 which was dismissed on the day of trial; is currently in a trial that begin on April 14, 2015 in case styled The State of Texas v. Luis Arroyos, No. 20120C09468; and is currently working on an appeal (10 volumes) in a case styled The State of Texas v. David Espinoza, No. 08-14-00268-CR due on April 21, 2015, necessitating the filing of this extension request.

Therefore, Petitioner prays that this Court grant this motion for extension of time.

Respectfully submitted,

/s/ Jam es D . Lucas

JAM ES D. LUCAS

SBN 12658300

2316 M ontana Avenue

El Paso, Texas 79903

Tel: (915) 532-8811

Fax: (915) 532-8807

Counsel for Petitioner

jlucas2@ elp.rr.com

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CERTIFICATE OF SERVICE

I, James D. Lucas, hereby certify that on the 15th day of April , 2015, a true and correct amended copy of the foregoing instrument was delivered to the below-named individuals by electronic means:

Jaime Esparza District Attorney El Paso County Courthouse 500 E. San Antonio, Room 201 El Paso, Texas 79901 tdarnold@ epcounty.com

State Prosecuting Attorney P.O. Box 12405 Austin, Texas 78711 inform ation@ spa.texas.gov

Dated this 15 th day of April, 2015.

/s/ Jam es D . Lucas

JAM ES D. LUCAS

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