Garcia, Roberto Jr.

Opinion

PD-0879-15

*

PD-0879-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 8/7/2015 2:38:56 PM Accepted 8/11/2015 1:58:08 PM ABEL ACOSTA

NO. 04-14-00378-CR

CLERK

ROBERTO GARCIA § IN THE COURT OF §

VS. § CRIMINAL APPEALS §

STATE OF TEXAS § OF TEXAS

MOTION TO EXTEND TIME TO

FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes ROBERTO GARCIA, Appellant in the above styled and numbered cause, and moves for an extension of time of 30 days to file a petition for discretionary review, and for good cause shows the following:

1. On June 8, 2015, the Court of Appeals affirmed appellant's conviction. ROBERTO GARCIA v. State, 04-14-00378-CR. This petition is therefore due on July 9, 2015, thirty (30) days from the date that the Court of Appeals affirmed appellant's conviction.

2. Counsel has been unable to complete the petition for the following reasons: Counsel has been unable to complete the petition due to the fact that counsel has been battling illness that has resulted in his hospitalization on two separate occasions. Counsel was hospitalized on July 13, 2015, at Christus Spohn Kleberg in Kingsville, Kleberg County, Texas. Counsel was hospitalized on July 27, 2015, at Christus Spohn Hospital Shoreline in Corpus, Christi, Texas. It was medically necessary for Counsel to undergo a surgery on August 7, 2015, that resulted in the failure to meet the extension deadline to file a petition for discretionary review. Counsel is currently recovering. FILED IN 3. Defendant is currently free on bond. COURT OF CRIMINAL APPEALS August 11, 2015

ABEL ACOSTA, CLERK

WHEREFORE, PREMISES CONSIDERED, appellant respectfully requests an extension of 30 days to file a petition for discretionary review.

Respectfully submitted,

DAVID T. GARCIA 721 E. King KINGSVILLE, TX 78363 Tel: (361) 595-4142 Fax: (361) 595-0544

/s/David T. Garcia

By:.

DAVID T. GARCIA State Bar No. 07631800 davidtgarcia0881 @gmail.com Attorney for ROBERTO GARCIA

CERTIFICATE OF SERVICE

This is to certify that on August 7, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Brooks County, 100 East Miller Street, Falfurrias, Texas 78355, by mail.

/s/David T. Garcia

DAVID T. GARCIA