Garcia, Alejandro John

• Court: Court of Appeals of Texas
• Decided: January 29, 2015
• Docket: PD-0099-15
• Status: Published

Opinion

PD-0099-15 PD-0099-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/26/2015 11:15:36 AM No. Accepted 1/29/2015 1:38:16 PM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT AUSTIN CLERK Alejandro John Garcia Appellant January 29, 2015 v.

The State of Texas Appellee On Appeal from 368th District Court of Williamson County in Case No. 11-216-K368, the Hon. Burt Carnes, Judge Presiding, and the Opinion of the Third Court of Appeals in Case No. 03-12-00781-CR, Delivered December 11, 2014

Motion for Extension of Time to Retain Counsel or File Pro Se Petition of Discretionary Review

TO THE COURT OF CRIMINAL APPEALS: COME NOW, David A. Schulman, the undersigned attorney of record for Appellant, Alejandro John Garcia, and respectfully files this “Motion for Extension of Time to Retain Counsel or File Pro Se Petition of Discretionary Review,” asking that the Court grant a sixty (60) day extension of time in which the Appellant may either retain the undersigned or other counsel or may file a pro se petition for discretionary review, and would show the Court as follows: Procedural History Appellant, Alejandro John Garcia, was charged by indictment

with the offenses of aggravated sexual assault of a child, a first (1st) degree felony (Count I) and Indecency with a Child by Contact

(Count II), a second (2nd) degree felony, in Cause No. 11-216-K368

in the 368th District Court of Williamson County, Texas. He was

acquitted on Count I and convicted on Count II, and was

sentenced to confinement for ten (10) years. Notice of Appeal was

timely given on November 20, 2012. The Court of Appeals opinion

from which review is sought was delivered by the Third Court of

Appeals for Texas at Austin, in Case No. 03-12-00781-CR, which

was delivered on December 11, 2014. Motion for rehearing was

overruled on January 9, 2015. Petition for discretionary review is

timely if filed with the Clerk of the Court or properly addressed

and post-marked on or before February 9, 2015.

Reason Extension Should Be Granted The undersigned counsel will not be representing Appellant

after the filing of this motion. He has mailed, as required by

opinions of this Court, a copy of the opinion of the Court below to

Appellant. The undersigned believes that Appellant may wish to

hire a different attorney to file a petition for discretionary review

(PDR), or file a pro se PDR. In either case, either Appellant or

replacement counsel will have to obtain and review the record in

order to prepare and file a PDR. The undersigned believes that there is insufficient time between now and February 9, 2015, to

accomplish those goals. Consequently, the undersigned

respectfully requests that the Court grant Appellant the additional

time requested in this motion.

Prayer WHEREFORE, PREMISES CONSIDERED, Movant respectfully

prays that this Honorable Court will grant Appellant an additional

sixty (60) day extension of time, until April 10, 2015, or such time

as set by the Court, in which to retain an attorney to file a PDR or

file a pro se PDR. The undersigned will notify Appellant of the

Court's decision.

Respectfully submitted,

____________________________________ David A. Schulman Attorney at Law Post Office Box 783 Austin, Texas 78767-0783 Tel. 512-474-4747 Fax: 512-532-6282 zdrdavida@davidschulman.com

State Bar Card No. 17833400

Attorney of Record for Appellant Certificate of Compliance and Delivery This is to certify that: (1) this document, created using

WordPerfect™ X7 software, contains 519 words, excluding those

items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies

with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on

January 26, 2015, a true and correct copy of the above and

foregoing “Motion for Extension of Time to Retain Counsel or File

Pro Se Petition of Discretionary Review” was transmitted via the

eService function on the State’s eFiling portal, to John Prezas

(jprezas@wilco.org), counsel for the State of Texas.

______________________________________ David A. Schulman