Bautista, Valdemar

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.____________

_________________________________

VALDEMAR BAUTISTA,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_________________________________

MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

_________________________________________________________

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

Attorney for Appellant

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