Bautista, Valdemar

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: PD-1657-14
• Status: Published

Opinion

PD-1657-14 PD-1657-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/19/2014 7:26:58 AM Accepted 12/29/2014 9:23:41 AM TO THE COURT OF CRIMINAL APPEALS OF TEXAS ABEL ACOSTA CLERK

No.____________

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VALDEMAR BAUTISTA, Appellant v. THE STATE OF TEXAS, Appellee

MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

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On Petition for Discretionary Review from the Court of Appeals for the Fourteenth District, Houston, Texas in Cause No. 14-13-00457-CR, Affirming an appeal from a judgment issued in Cause No. 11-05-13821- CR from the 506th District Court of Waller County, Texas.

R. Scott Shearer December 29, 2014 TBA No. 00786464 929 Preston, Suite 200 Houston, TX 77002 (713) 254-5629 (713) 224-2889 FAX ShearerLegal@Yahoo.com

Attorney for Appellant

December 19, 2014 TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

NOW COMES, VALDEMAR BAUTISTA, and files this Motion To Extend

Time To File Petition For Discretionary Review. In support of this motion, he would

respectfully show the Court the following:

I.

In a PUBLISHED opinion delivered November 20, 2014, a panel of the Fourteenth

Court of Appeals AFFIRMED Appellant’s appeal from a judgment of conviction for

continuous sexual abuse of a child by the 506th District Court of Waller County. Appellant

did not file a motion for rehearing. Appellant’s Petition for Discretionary Review is due on

December 19, 2014. This motion to extend time to file petition for discretionary review is

timely filed within thirty days after the court of appeals issued its opinion or overruled

Appellant’s Motion for Rehearing or within fifteen days of said deadline. See TEX. R. APP.

PROC. 68.2.

II.

Appellant is requesting additional time to file the petition for discretionary review.

More time is necessary to research the issues involved.

III.

Appellant asserts that this motion is not made solely for purposes of delay and that

the granting of this motion will not prejudice the rights of the State. IV.

Appellant is therefore requesting a thirty [30] day extension so that his Petition may

be timely filed.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that the

Honorable Court of Criminal Appeals will grant his Motion To Extend Time To File

Petition For Discretionary Review.

Respectfully submitted,

/s/R. SCOTT SHEARER R. Scott Shearer TBA No. 00786464 929 Preston, Suite 200 Houston, TX 77002 (713) 254-5629 (713) 224-2889 FAX ShearerLegal@Yahoo.com

December 19, 2014 CERTIFICATE OF SERVICE

I certify that a copy of this Motion has been served upon the State of Texas by e- mailing a copy of same to the following parties at the following addresses on this the 19th day of December, 2014:

LAURIE SELLERS. A.D.A. WALLER COUNTY DISTRICT ATTORNEY 645 12TH STREET HEMPSTEAD, TX 77445

/s/R. SCOTT SHEARER R. Scott Shearer