Garces, Ruben Montes

• Court: Court of Appeals of Texas
• Decided: May 1, 2015
• Docket: PD-0481-15
• Status: Published

Opinion

PD-0481-15 PD-0481-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/30/2015 2:10:02 PM Accepted 5/1/2015 11:06:16 AM ABEL ACOSTA NO. _____________________ CLERK

IN THE COURT OF CRIMINAL APPEALS

RUBEN GARCES, Appellant, v. May 1, 2015 THE STATE OF TEXAS, Appellee.

On Appeal from the 118th District Court of Glasscock County, Texas Cause No. 432 (Hon. D. Timothy Yeats)

and

NO. 11-13-00085-CR

from the THE COURT OF APPEALS FOR THE ELEVENTH JUDICIAL DISTRICT EASTLAND, TEXAS

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

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The Eastland Court of Appeals affirmed Appellant’s conviction on

March 26, 2015. The Petition for Discretionary Review in this cause was due on

April 27, 2015, day thirty having fallen on Saturday, April 25, 2015. Prior to the

instant Petition for Discretionary Review being due, Appellant’s counsel was busy

with several matters, a sample of which includes answering written discovery in

Cause No. 10,313-D, Heather Thames v. Anita Brady, in the Honorable 350th District Court of Taylor County, Texas, answering written discovery in Cause No. 22,614,

Elvin Hogue, et al v. CCI Ventures, Inc., in the Honorable County Court at Law No.

1 of Taylor County, Texas, and attending an out-of-town mediation in Cause No.

2013-58,235; Judith Dunbar v. Starcon International, Inc., in the Honorable 80th

District Court of Harris County, Texas. Counsel was also mustering and presenting

alibi evidence and secured a dismissal by the State of charges in Cause No. 11,528-

D, State of Texas v. Jason Pierce, in the Honorable 350th District Court of Taylor

County Texas. Further, counsel was resolving a discovery dispute in Cause No.

48,432‐A, Rowdy Lord v. Texas Midwest Emergency Physicians, in the Honorable

42nd District Court of Taylor County, Texas.

Therefore, counsel has been unable to complete the Petition for

Discretionary Review.

Counsel prays for a thirty (30) day extension, which would make the

Petition for Discretionary Review due on May 27, 2015. This is the first extension

request for filing Appellant’s Petition for Discretionary Review.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court

enters an order extending the deadline for filing his Petition for Discretionary

Review for thirty (30) days.

Respectfully Submitted, 2 /s/Rick Dunbar________________ FREDERICK DUNBAR GALBREATH LAW FIRM rick@galbreathlawfirm.com Texas Bar No. 24025336 4542 Loop 322 Suite 102 Abilene, Texas 79602 Telephone: 325/437.7000 Facsimile: 325/437.7007 CERTIFICATE OF SERVICE

I hereby certify that on this 30th day of April, 2015, a true and correct copy of the above and foregoing was forwarded all counsel of record in a manner consistent with the requirements of the law.

/s/Rick Dunbar________________ Rick Dunbar

CERTIFICATE OF COMPLIANCE

According to the word count of the undersigned’s word processor, this document has 435 words. This document in therefore compliant.