Duque, Ex Parte Jose E.

• Court: Texas Supreme Court
• Decided: October 15, 2015
• Docket: PD-1344-15
• Status: Published

Opinion

PD-1344-15 PD-1344-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS October 15, 2015 Transmitted 10/15/2015 3:00:14 PM Accepted 10/15/2015 3:38:18 PM ABEL ACOSTA NO._______________ CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS AUSTIN, TEXAS

JOSE E. DUQUE, § Appellant; § § COURT OF APPEALS § NO. 01-15-00014-CR

v. § § TRIAL COURT § No. 1363049-A § THE STATE OF TEXAS, § Appellee. §

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

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Jose E. Duque, by and through the undersigned attorney, whom

very respectfully states as follows:

1. On September 15, 2015, the First Court of Appeals For The First District of

Texas issued a Non Published, per curiam, “Memorandum Opinion” in Ex

Parte Jose E. Duque, cause number NO. 01-15-00014-CR.

2. Appellant’s Petition for Discretionary Review is due on October 15th, 2015.

3. Pursuant to Rule 68.2(c) of the Texas Rules of Appellate Procedure, the

Petitioner respectfully requests a thirty (30) day extension to file his Petition

for Discretionary Review (PDR).

4. There have been no previous extensions to file the PDR in this cause. 5. Appellant relies on the following facts as good cause for the requested

extension:

a) During the last 30 days, counsel was actively working on another

case that had a Sentencing Hearing scheduled for October 7th, 2015 in the

United States District Court for the Middle District of Florida, Tampa

Division: U.S.A. v. Jose A. Rincon-Martinez, Criminal No.: 13:CR: 00332.

b) Counsel also have been preparing for a Suppression Hearing that is

currently scheduled for October 27th, 2015 in the United States District Court

for the District of Puerto Rico: U.S.A. v. Enrique Colon-Villegas, Criminal

No. 14-592 (DRD).

6. As a result, counsel has not had sufficient time to prepare an adequate Petition

in this case.

7. This extension is not sought for purpose of delay.

WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court

grant this Motion for Extension of Time to file Petitioner’s Petition for Discretionary

Review.

Respectfully submitted,

__/s/ Octavio M. Rivera-Bujosa___ OCTAVIO M. RIVERA-BUJOSA State Bar Number: 24081261 RIVERA Y BUJOSA LAW OFFICE 333 Simonton Street Conroe, Texas 77301 Phone: (832) 296-6048 Fax: (936) 756-5961

2 CERTIFICATE OF SERVICE

This is to certify that copies of the above-entitled and numbered petition for

review have been served on both the District Attorney of Harris County, Texas,

and the State Prosecuting Attorney, by delivery of a true copy to them on the 15th

day of October, 2015, by electronic service

_/s/ Octavio M. Rivera-Bujosa____ OCTAVIO M. RIVERA-BUJOSA Attorney for Petitioner