Green, Alfred Charles

Opinion

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PD-1049-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 8/11/2015 12:50:56 PM Accepted 8/17/2015 11:04:10 AM

CAUSE NO. 08-13-00308-CR ABELAclerk ALFRED CHARLES GREEN § IN THE COURT OF APPEALS §

VS. § 8th judicial district §

STATE OF TEXAS § OF EL PASO, TEXAS

MOTION FOR LEAVE TO LATE-FILE MOTION TO EXTEND TIME TO LATE-FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes Alfred Charles Green, Appellant in the above styled and numbered cause, and moves for leave to late-file motion to extend time to late-file petition for discretionary review, and for good cause shows the following:

1. OnMay 13,2015, the Courtof Appeals affirmed appellant's conviction.

Alfred Charles Green v. State, Cause No. 08-13-00308-CR. After Appellant filed a Motion for Rehearing andMotion for Reconsideration En Banc on June 9,2015, the Courtof Appeals denied the Motionfor Rehearing/Reconsideration EnBancon June 23,2015.

2. Counsel has been unable to complete the petition for the following reasons: Counsel for Appellant has prepared and/orparticipated in 2 Misdemeanor

Motion for Leave to Late-File Motion to Extend Time to Late-File Petition for Discretionary Review Page 1 of 3

FILED IN

COURT OF CRIMINALAPPEALS

August 17, 2015

ABELACOSTA, CLERK

Jury Trials, 2 Misdemeanor Bench Trials, 1 Felony Jury Trial, 1 SAPCR Bench Trial, and 1 SAPCR Emergency Temporary Orders Hearing. Counsel for Appellant also drafted a request for extension of time to late-file a motion for rehearing/reconsideration en banc in Andre Berry v. State ofTexas, Cause No. 05-13- 001186-CR. Counsel for Appellant also drafted a Motion for New Trial in a pending appeal that resulted in the Collin County Court at Law Number Two granting the Motion, setting aside the judgment, and rendering an acquittal in Cause No. 002- 87100-2014. Finally, Counsel for Appellant also appeared in both criminal and civil daily dockets in Collin, Dallas, Denton, and Hunt Counties for approximately 35 case in the past forty-five (45) days.

3. Defendant is currently incarcerated.

WHEREFORE, PREMISES CONSIDERED, appellant respectfully requests an extension of 20 days, i.e. until August 28,2015, to file a petition for discretionary review.

Respectfully submitted,

Law Office of Marc J. Fratter 1207 West University Drive

Motion for Leave to Late-File Motion to Extend Time to Late-File Petition for Discretionary Review Page 2 of 3 . ">

Suite 101

McKinney, Texas 75069

Tel. (214) 471-3434

Fax (214) 385-4534

By:/s/ Marc J. Fratter

Marc J. Fratter

State Bar No. 24029973

Attorney for Alfred Charles Green

CERTIFICATE OF SERVICE

This is to certify that on August 8, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Collin County, Texas, by hand delivery.

/s/ Marc J. Fratter

Marc J. Fratter

Motion for Leave to Late-File Motion to Extend Time to Late-File Petition for Discretionary Review Page 3 of 3