Galvan, Julio Francisco

• Court: Court of Appeals of Texas
• Decided: September 14, 2015
• Docket: PD-1179-15
• Status: Published

Opinion

PD-1179-15 PD-1179-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/10/2015 6:52:58 PM Accepted 9/14/2015 2:35:54 PM ABEL ACOSTA PD No. __________ CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS ______________________________ On Petition for Discretionary Review From the First Court of Appeals at Houston, Texas Appeal No. 01-13-00946-CR ______________________________ On Appeal From the 248th District Court of Harris County, Texas Trial Court No. 1362831 ______________________________

APPELLANT’S FIRST MOTION FOR EXTENSION IN TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGE’S OF THE COURT OF CRIMINAL APPEALS:

Now comes JULIO FRANCISCO GALVAN, Appellant herein, by and

through his counsel of record, PATRICK F. McCANN, and moves this Honorable

Court to grant him a ninety (90) day extension in time in which to submit a petition

for discretionary review in this matter. In support of such motion, Appellant would

respectfully show this Court the following:

September 14, 2015 The First Court of Appeals affirmed the judgment and sentence of the trial

court in a memorandum opinion dated July 16, 2015.

Counsel of record has attempted to provide Appellant with a copy of the

Court of Appeals opinion in this matter within the five (5) day period specified in

the Texas Rules of Appellate Procedure, and to advise the Appellant of his right to

petition this Court for discretionary review in this matter.

Due to the nature of the Appellant’s offense, prison officials have transferred

Appellant on numerous occasions for his personal safety, and counsel is uncertain

as to whether or when Appellant has received counsel’s correspondence containing

the Court of Appeals opinion and information concerning Appellant’s right to

petition this Court for discretionary review.

Appellant is Hispanic, and speaks no English.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Honorable Court will, in all things, GRANT this motion, and allow Appellant

ninety (90) days from the date of this motion, up to and including Wednesday,

December 9, 2015, in which to petition this Court for discretionary review in this

Mtn Extension in Time: Julio Francisco Galvan matter if he so desires, and that the Court further GRANT any additional relief to

which the Appellant may be justly entitled.

DATED this 10th day of September, 2015.

Respectfully submitted,

/s/ Patrick F. McCann Patrick F. McCann SBT No. 00792680 909 Texas Ave., Suite 205 Houston, Texas 77002 PH: (713) 223-3805

Counsel of Record for the Appellant

CERTIFICATE OF SERVICE

Mtn Extension in Time: Julio Francisco Galvan I hereby certify that a true and correct copy of the above and foregoing

have been duly served upon counsel for the State on this 10th day of September,

2015, by prepaid United States mail, addressed as follows:

ABBIE MILES Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

/s/ Patrick F. McCann Patrick F. McCann SBT No. 00792680 909 Texas Ave., Suite 205 Houston, Texas 77002 PH: (713) 223-3805

Mtn Extension in Time: Julio Francisco Galvan