Barrientes, Alejandro

Opinion

PD-0878-15 PD-0878-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

July 16, 2015 Transmitted 7/14/2015 4:43:34 PM Accepted 7/16/2015 4:55:04 PM ABEL ACOSTA

CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS CAUSE NO. ______________

ON APPEAL FROM:

IN THE COURT OF APPEALS

FOR THE THIRTEENTH DISTRICT OF TEXAS CAUSE NO. 13-14-00297-CR

ALEJANDRO BARRIENTES

V.

THE STATE OF TEXAS

ON APPEAL FROM THE 107TH DISTRICT COURT OF CAMERON COUNTY, TEXAS CAUSE NO. 2013-DCR-00657-A

******************************************************* Appellant’s First Motion for Extension of Time to File Petition for Discretionary Review.

*******************************************************

TO THE HONORABLE PRESIDING JUDGE AND ASSOCIATE JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS:

Appellant presents this First Motion for Extension

of Time of Thirty Additional Days to File the Petition

for Discretionary Review as follows:

1. Appellant’s appealed to the Thirteenth Court of

Appeals of Texas. affirmed on June 25, 2015 by the

Thirteenth Court of Appeals.

2. The Thirteenth Court of Appeals of Texas

affirmed Appellant’s conviction on June 25, 2015. The

Petition for Discretionary Review is due to be filed on

or by July 25, 2015.

3. The case style is Alejandro Barrientes v. State

of Texas, Court of Appeals Cause no. 13-14-00297-cr,

Trial Court Cause No. 2013-DCR-00657-A

4. No motion for rehearing is pending before the

Thirteenth Court of Appeals of Texas at this time.

5. Appellant seeks an extension of 30 days, from

the present deadline of July 25, 2015 to a new deadline

of August 24, 2015, to file a Petition for

Discretionary Review.

6. No other extensions of time have been sought or

granted for a Petition of Discretionary Review in this

case.

7. The Court of Criminal Appeals of Texas may

extend the time to file a Petition for Discretionary

Review.

“After the filing and denial of Foster's motion for rehearing, Foster, after obtaining an extension of time from the Court of Criminal Appeals, timely filed a petition for discretionary review on December 1, 2009.” Foster, v. State,320 S.W. 3d 635 (Tex.Crim.App.2010)

Conclusion and request for relief

The Court of Criminal Appeals of Texas should

extend the time to file the Petition for Discretionary

Review from July 25, 2015 until August 24, 2015.

LAW OFFICE OF LARRY WARNER RESPECTFULLY SUBMITTED July 14, 2015

By:

/s/Larry Warner Larry Warner, Counsel for Alejandro Barrientes 3109 Banyan Circle Harlingen, Texas 78550 Phone: (956)230-0361 Facsimile: (866)408-1968 Office@larrywarner.com Texas Bar#20871500; USDC,SDTX 1230; Board Certified, Criminal Law, Texas Board of Legal Specialization(1983)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS CAUSE NO. ______________

ON APPEAL FROM:

IN THE COURT OF APPEALS

FOR THE THIRTEENTH DISTRICT OF TEXAS CAUSE NO. 13-14-00297-CR ALEJANDRO BARRIENTES

V.

THE STATE OF TEXAS

ON APPEAL FROM THE 107TH DISTRICT COURT OF CAMERON COUNTY, TEXAS CAUSE NO. 2013-DCR-00657-A ******************************************************* CERTIFICATE OF SERVICE

******************************************************* I emailed and faxed a copy of the Appellant’s First Motion for Extension of Time of Thirty Additional Days to File a Petition for Discretionary Review, the document to which this certificate is attached, to opposing counsel's office on July 14, 2015, the day it was filed.

LUIS V. SAENZ, Cameron County District Attorney’s Office, 964 E. Harrison, Brownsville, Texas 78520. Phone (956) 544-0849. Fax (956) 544-0869. Email: district.attorney@co.cameron.tx.us LAW OFFICE OF LARRY WARNER RESPECTFULLY SUBMITTED

By: /s/Larry Warner

Larry Warner, Counsel for Alejandro Barrientes