Flores, Jose Angel Jr.

• Court: Court of Appeals of Texas
• Decided: January 22, 2015
• Docket: PD-0071-15
• Status: Published

Opinion

PD-0071-15 PD-0071-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/16/2015 11:53:22 AM Accepted 1/22/2015 12:11:19 PM ABEL ACOSTA No. 04-13-00754-CR CLERK

TO THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

JOSE ANGEL FLORES, JR., Appellant

v.

THE STATE OF TEXAS, Appellee

Appeal from Guadalupe County

* * * * *

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

Lisa C. McMinn January 22, 2015 State Prosecuting Attorney Bar I.D. No. 13803300

Stacey M. Goldstein Assistant State’s Attorney Bar I.D. No. 24031632

P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512-463-1660 (Telephone) 512-463-5724 (Fax) No. 04-13-00754-CR

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

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The State Prosecuting Attorney respectfully submits its motion to extend the

time for filing its Petition for Discretionary Review.

Pursuant to Rule of Appellate Procedure 68.2(c), the State moves to extend the

time for filing its petition until February 15, 2015—30 days after the current due date

of January 16, 2015. No previous motions to extend the deadline for filing have been

filed. This is a mandatory blood-draw case that will be controlled by the Court’s

ruling on the pending motion for rehearing in State v. Villarreal, No. PD-0306-14. Given the unique procedural circumstances implicated here, counsel believes that the

interests in judicial economy warrant granting an extension so that it can be

determined whether the filing of a petition for discretionary review is necessary.

Additionally, counsel needs additional time to review the record and draft the

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

petition for discretionary review until February 15, 2015, be granted.

Respectfully submitted,

Lisa C. McMinn State Prosecuting Attorney Bar I.D. No. 13803300

/s/ STACEY M. GOLDSTEIN Assistant State Prosecuting Attorney Bar I.D. No. 24031632

P.O. Box 13046 Austin, Texas 78701 information@spa.texas.gov 512-463-1660 (Telephone) 512-463-5724 (Fax) CERTIFICATE OF SERVICE

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

Discretionary Review has been served on January 16, 2015, via certified electronic

service provider to:

Hon. Christopher M. Eaton Guadalupe County Attorney’s Office 211 West Court Street, 3rd Floor Seguin, Texas 78155 chris.eaton@co.guadalupe.tx.us

Hon. Susan Schoon Zamora & Schoon, PLLC 118 S. Union Avenue New Braunfels, Texas 78130 sschoon@zslawoffice.com

/s/ STACEY M. GOLDSTEIN Assistant State Prosecuting Attorney