Barrios, Jose Manuel

• Court: Court of Appeals of Texas
• Decided: December 30, 2014
• Docket: PD-1673-14
• Status: Published

Opinion

PD-1673-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS PD-1673-14 Transmitted 12/30/2014 9:56:28 AM Accepted 12/30/2014 11:01:15 AM NO. ______________________ ABEL ACOSTA CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

JOSE MANUEL BARRIOS V. THE STATE OF TEXAS

FROM THE SEVENTH COURT OF APPEALS CAUSE NO. 07-13-00426-CR

ON APPEAL FROM CAUSE NO. 2,798 IN THE 287TH DISTRICT COURT BAILEY COUNTY, TEXAS HON. GORDON H. GREEN, JUDGE PRESIDING

APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

JULIE GOEN PANGER Counsel for Appellant The Kiechler Law Firm 619 Broadway Street Lubbock, Texas 79401 Telephone (806) 712-2889 December 30, 2014 Facsimile (808) 712-2529 State Bar Number 24069793 Email: julie@thelubbocklawyer.com

December 30, 2014 To the Honorable Court of Criminal Appeals of Texas:

COMES NOW, JOSE MANUEL BARRIOS, Appellant herein, and files this

Motion for Extension of Time to File Petition for Discretionary Review pursuant to

TEX. R. APP. P. 10.1, 10.5, and 68.2, and in support thereof would show the Court as

follows:

I.

The opinion of the Seventh Court of Appeals in Cause No. 07-13-00426-CR,

affirming the conviction, was rendered on December 2, 2014.

II.

The number and style of the case in the District Court is Cause No. 2,798, State

of Texas v. Jose Manuel Barrios.

III.

Appellant was convicted of driving while intoxicated (DWI) after entering a plea

of guilty to the offense pursuant to a plea agreement following a denial of his motion

to suppress. Appellant was sentenced to twelve (12) years’ imprisonment.

IV.

The present deadline for filing the petition for discretionary review is December

31, 2014.

V.

No extensions of time to file the petition for discretionary review have been

previously requested. VI.

Counsel for Appellant relies on the following reasons, in addition to the routine

matters that counsel must attend to in daily practice, to explain the need for the

requested extension:

A. Counsel has been involved in an ongoing parental termination trial, which ended at approximately 6:30 p.m. last night, December 29, 2014, in Cause No. 2012-502,824, in Lubbock County, Texas; B. Counsel has been preparing a Motion for Rehearing in the Seventh Court of Appeals in Cause No. 07-14-00290-CV, which is an accelerated appeal based upon parental termination, which is due January 7, 2015; VII.

Counsel for Appellant seeks this extension of time to be able to prepare a cogent

and succinct petition to aid this Court in its analysis of the issues presented. This request

is not sought for delay but so that justice may be done.

VIII.

WHEREFORE, PREMISES CONSIDERED, Appellant requests that this

Court grant an extension of time to file the petition for discretionary review until

January 30, 2015. Respectfully submitted,

The Kiechler Law Firm PLLC 619 Broadway Lubbock, Texas 79401 806.712.2889p 806.712.2529f julie@thelubbocklawyer.com

_/s/ Julie Goen Panger_________ Julie Goen Panger SBN: 24069793

CERTIFICATE OF SERVICE

I certify that on December 30, 2014, I provided a copy of this Motion to the following counsel by electronic service:

KATHRYN GURLEY Bailey County District Attorney 701 Main Street Friona, Texas 79035 Counsel for Appellee, State of Texas Email: kathryn@khg-law.com

_/s/ Julie Goen Panger_________ Julie Goen Panger