Garcia, Jose Carmen Jr.

• Court: Court of Appeals of Texas
• Decided: April 1, 2015
• Docket: PD-0359-15
• Status: Published

Opinion

Cause No.

Jose Carmen Garcia, Jr., -IN THE COURT OF CRIMINAL^ Petitioner, Pro Se § APPEALS OF THE STATE-OT*^?"-",Z^HJ"* CuiJRT OF CRIMINAL APPFAIS V. § TEXAS AT AUSTIN THE STATE OF TEXAS, - APR 0 1 2015 Respondent ^ HEARING REQUSETED MOTION FOR EXTENSION OF TIME TO FILE P.D.R. AD8I ACOSta, ClerN TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Comes now Jose Carmen Garcia, Jr., Petitioner Pro Se, and files this motion for extension of time of 60 days in which to file a petition for discr- ertionary review. In support of this motion, petitioner respectfully shows the following: I.

The deadline for filing a Petition for Discretionary Review is 30 days after judgment of the Court of Appeals is rendered. T.R.A.P. Rule 68^i(^p> .»• Judgement in this cause from the 10th Court of Appeals YjrJuftT^P'C^SslAL APPEALS March 5, 2015, styled as Jose Carmen Garcia, Jr. v. The State of Texas and enumerated as Cause No. 10-14-00028-CR. ^PR °l^iS II. ^Abel AcQSta, Clerk In the above cited cause, motion for rehearing or consideration en banc was not filed.

III.

Petitioner has not previously requested an extension of time in this cause. This is the petitioner's first extension requested. IV.

The petitioner received notice from counsel on March 16, 2015, regarding the appellate court decision from the McConnell Unit mailroom. Petitioner requests an extension of (60) sixty days so that he may properly prepare his petition for discretionary review. Petitioner has yet to receive all docum ents necessary for preparation of his P.D.R., and is in the process of obta ining them. Petitioner is not trained in any fashion in the law. This motion is not made in an attempt to delay adjudication or harass other related parties to this cause. PRAYER

Wherefore premises considered, petitioner prays this Honorable Court would GRANT his motion for extension of time to file his P.D.R.. Petitioner

also prays for general relief.

Respectfully Submitted,

6 Jose Carmen Garcia, Jr./ Pro Se TDCJ# 1910011 McConnell Unit 3001 S. Emily Dr. Beeville, Texas 78102-8583 361.362.2300 (ph.) 361.362.3011 (fax)

2. DECLARATION

1/ Jose Carmen Garcia/ Jr./ does now attest that the foregoing docum ents and information are true and correct and are thusly sworn to under pen alty of perjury to their validity. (T.C.P. & R. §132.001-132.003 and 28 U.S.C. §1746).

Jose C. Garcia/ Jr./ Pro Se

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing and included documents have been properly served upon the parties listed below at their respective addresses/ as well as this Court. The documents were pla ced in the McConnell Unit mailbox with first class postage/ pre-paid affixed addressed to the Court of Criminal Appeals/ c/o Clerk of the Court/ Abel Acosta, at P.O. Box 12308, Austin, Texas 78711-2308.

Executed on this the i^^\ day of Mft/Cy\ ' 2015. (TRAP Rule 9.5, FRAP Rule 25(d)).

JLrtAsU Jose C. Garcia, Jr., Pro Se

also served:

hi Reyna, McLennan Co. Dist. Atty. 219 N.6th St., Ste. 200 Waco, Texas 76701

deemed filed: Warner v. Glass 135 S.W.3d 681, 682 (Tex. 2004)