Garcia, Jose Miguel

• Court: Court of Appeals of Texas
• Decided: June 26, 2015
• Docket: PD-0787-15
• Status: Published

Opinion

PD-0787-15 COURT OF CRIMINAL APPEALS PD-0787-15 AUSTIN, TEXAS Transmitted 6/25/2015 11:07:39 AM Accepted 6/26/2015 5:54:24 PM ABEL ACOSTA CLERK NO. ______________

IN THE TEXAS COURT OF CRIMINAL APPEALS _______________________________________________________________

JOSE MIGUEL GARCIA Appellant

v.

THE STATE OF TEXAS Appellee ________________________________________________________________

FROM THE FIFTH COURT OF APPEALS CAUSE NO. 05-13-01578-CR

ON APPEAL FROM THE CRIMINAL DISTRICT COURT NO. 2 DALLAS COUNTY, TEXAS TRIAL COURT NO. F-12-35086-I THE HONORABLE GARY STEPHENS PRESIDING

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

BRUCE ANTON State Bar No. 01274700 ba@sualaw.com

SORRELS, UDASHEN & ANTON June 26, 2015 2311 Cedar Springs, Suite 250 Dallas, Texas 75201 (214) 468-8100 (office) (214) 468-8104 (fax)

1 COMES NOW, JOSE MIGUEL GARCIA, Appellant herein, and moves this

court to issue an extension of time to file his petition for discretionary review, and

in support thereof would show the court as follows:

I.

The opinion of the Fifth Court of Appeals in cause nos. 05-13-01578-CR,

affirming the conviction, was rendered on May 29, 2015.

II.

The number and style of the case in the District Court is No. F-12-35086-I,

State of Texas v. Jose Miguel Garcia.

III.

Appellant was convicted of continuous sexual abuse of a child.

IV.

The present deadline for filing the petition for discretionary review is June

28, 2015.

No extensions of time to file the brief were previously requested.

VI.

The reason for this request is that during the last few weeks counsel has been

working on the following:

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 2 1. Petition for discretionary review in The State of Texas v. Mark Twain Simpson, case no. PD-0599-15 in the Texas Court of Criminal Appeals,

2. Petitioner’s reply brief in Robert William Cornwell v. State of Texas, case no. PD-1501-14 in the Texas Court of Criminal Appeals,

3. Amended petition for writ of habeas corpus in Faryion Edward Wardrip v. William Stephens, case no. 7:01-CV-0247-G in the United States District Court for the Northern District of Texas, Wichita Falls Division.

WHEREFORE, PREMISES CONSIDERED, Appellant requests this court

to grant an extension of time to file his brief until July 28, 2015.

RESPECTFULLY SUBMITTED,

/s/ BruceAnton BRUCE ANTON Texas State Bar No. 01274700

SORRELS, UDASHEN & ANTON 2311 Cedar Springs #250 Dallas, Texas 75201 (214) 468-8100 (214) 468-8104 (fax) ba@sualaw.com

ATTORNEY FOR APPELLANT

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 3 CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above entitled motion for extension of time was electronically served to the Appellate Division of the Dallas County District Attorney’s Office and to the State Prosecuting Attorney on this 25th day of June, 2015.

/s/ Bruce Anton BRUCE ANTON

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 4