Cortez, Jose Luis

Opinion

PD-1652-15 PD-1652-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/18/2015 3:10:06 PM Accepted 12/19/2015 11:17:49 AM ABEL ACOSTA No. 07-15-00196-CR CLERK

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

THE STATE OF TEXAS, Appellant

v.

JOSE LUIS CORTEZ, Appellee

Appeal from Potter County

* * * * *

STATE’S MOTION TO EXTEND TIME FOR FILING ITS PETITION FOR DISCRETIONARY REVIEW

December 18, 2015 Lisa C. McMinn State Prosecuting Attorney Bar I.D. No. 13803300

John R. Messinger Asst. State Prosecuting Attorney Bar I.D. No. 24053705

P. O. Box 13046 Austin, Texas 78711 512/463-1660 (Telephone) 512/463-5724 (Fax) information@spa.texas.gov TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Comes now the State of Texas, by and through its State Prosecuting Attorney,

and respectfully submits to the Court its motion to extend the time for filing its

petition for discretionary review. The State’s petition is due December 18, 2015. The

State seeks an extension of 15 days which, pursuant to Rule 4.1, results in a due date

of January 4, 2016. This additional time is required because a significant portion of

the previous 30 days was lost to the Thanksgiving holiday and having to find and train

a new secretary. No previous motions to extend this deadline have been filed.

WHEREFORE, the State prays that its motion to extend the time for filing its

petition until January 4, 2016, be granted.

Respectfully submitted,

/s/ John R. Messinger JOHN R. MESSINGER Assistant State Prosecuting Attorney Bar I.D. No. 24053705

P.O. Box 13046 Austin, Texas 78711 512/463-1660 (Telephone) 512/463-5724 (Fax) john.messinger@spa.texas.gov

1 CERTIFICATE OF SERVICE

A copy of the foregoing State’s Motion to Extend the Time for Filing its

Petition for Discretionary Review has on this the 18th day of December, 2015, been

eFiled with or e-mailed to:

Richard Martindale Assistant District Attorney 501 S. Fillmore Street, Suite 5A Amarillo, Texas 79101-2449 richardmartindale@co.potter.tex.us

Q. Todd Hatter HATTER LAW FIRM, PLLC 16013 Outback Trail Amarillo, TX 79118 hatterlaw@cableone.net

/s/ John R. Messinger John R. Messinger Assistant State Prosecuting Attorney