Garcia, Jorge

• Court: Court of Appeals of Texas
• Decided: February 4, 2015
• Docket: PD-0120-15
• Status: Published

Opinion

PD-0120-15 PD-0120-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS February 4, 2015 Transmitted 2/2/2015 12:00:00 AM Accepted 2/4/2015 10:22:48 AM ABEL ACOSTA NO. ______________________ CLERK

JORGE GARCIA § IN THE COURT OF § VS. § CRIMINAL APPEALS § STATE OF TEXAS § OF TEXAS

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes JORGE GARCIA, Appellant in the above styled and numbered

cause, and moves for an extension of time of 45 days to file a petition for

discretionary review, and for good cause shows the following:

1. On December 18, 2014, the Thirteenth Court of Appeals in Corpus

Christi-Edinburg affirmed appellant's conviction and rendered its opinion and

judgment in JORGE GARCIA v. State, Trial Court No. 98-CR-446-B. Court of

Apeals No. 13-13-00547. This petition is therefore due on January 20, 2014.

2. Appellant requests an extension of time for file his petition for

discretionary review of forty-five days, to March 6, 2015. This is Appellant’s first

request for an extension of time in this case.

3. Appellant relies on the following facts as reasonable explanation for

the requested extension of time: Counsel has been unable to complete the petition

for the reason that Counsel has been laboring under an unusually heavy caseload

TRANSC:/RJWN/LP/Garcia.MotExtTime.CCA.wpd and, having been retained by Appellant on January 16, 2015, has not had sufficient

opportunity to complete and file the petition for discretionary review in this matter.

4. The undersigned has conferred with opposing counsel, who indicated

there was no opposition to this request.

5. Defendant is currently not incarcerated an remains on out on bond.

WHEREFORE, PREMISES CONSIDERED, appellant respectfully

requests an extension of 45 days, i.e. until March 6, 2015, to file a petition for

discretionary review.

Respectfully submitted,

LAW OFFICES OF RICHARD J. W. NUNEZ, L.L.P.C. 144 E. Price Road Brownsville, Texas 78521 Tel: (956) 541-8502 Fax: (956) 541-8623

By:/s/Richard J. W. Nunez Richard J. W. Nunez State Bar No. 15134600 E-Mail: rjwnlaw@aol.com Attorney for JORGE GARCIA

TRANSC:/RJWN/LP/Garcia.MotExtTime.CCA.wpd CERTIFICATE OF SERVICE

This is to certify that on January 31, 2015, a true and correct copy of the

above and foregoing document was served on the District Attorney's Office,

Refugio County:

Hon. Rene Gonzalez Office of the Cameron County District Attorney Cameron County Courthouse 973 E. Harrison Street Brownsville, Texas 78520 Telecopier: 956/544-0869

/s/Richard J. W. Nunez Richard J. W. Nunez

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Hon. Rene Gonzalez, assistant District Attorney

with the Office of the Cameron County Dsitrict Attorney’s Office, who indicated that this

motion is unopposed.

TRANSC:/RJWN/LP/Garcia.MotExtTime.CCA.wpd