Jerry Lee Trigo v. State

Opinion

ACCEPTED

04-15-00080-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

8/4/2015 4:19:15 PM

KEITH HOTTLE

CLERK

NO. 04-15-00080-CR

IN THE FOURTH COURT OF APPEALS FILED IN

OF TEXAS 4th COURT OF APPEALS SAN ANTONIO, TEXAS

SAN ANTONIO, TEXAS

08/04/15 4:19:15 PM

KEITH E. HOTTLE

Clerk

JERRY LEE TRIGO, APPELLANT

V.

STATE OF TEXAS, APPELLEE

**************************************************** MOTION FOR EXTENSION TO FILE APPELLANT’S WITHDRAWAL OF NOTICE OF APPEAL

**************************************************** ON APPEAL FROM THE 229TH DISTRICT COURT OF DUVAL COUNTY, TEXAS, NO. 14-CRD-52

*****************************************************

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW JERRY LEE TRIGO the Appellant in the above-entitled and numbered

cause, by and through his attorney of record, CALIXTRO VILLARREAL, JR., before a

decision has been rendered by this Court, and respectfully moves this Court to extend the time

for Defendant to file Appellant’s Withdrawal of Notice of Appeal, and shows as follows:

I.

Appelant’s Brief is due in this Court on August 10, 2015

II.

Appellant wishes to file a Withdrawal of Notice of Appeal in this cause.

III.

It was never the intention of Appellant Counsel to file for appeal, but Appellant Counsel was hired after Trial Counsel had filed the Notice of Appeal.

IV.

Appellant’s Withdrawal of Notice of Appeal requires Appellant’s signature and counsel

is eight (8) hours away from Robertson Unit in Abilene, Texas where Appellant is currently

incarcerated. Counsel will make his best effort to visit with Appellant and acquire his signature.

WHEREFORE PREMISE CONSIDERED, Appellant prays that this Court extend Appellant’s

filing deadline from August 10, 2015 to August 17, 2015 to allow for Counsel to submit

Appellant’s Withdrawal of Notice of Appeal.

Respectfully submitted,

CALIXTRO VILLARREAL, JR. 205 W. Main Street Rio Grande City, Texas 78582 Telephone No.: (956) 487-3739 Facsimile No.: (956) 487-8670

By: __/s/ Calixtro Villarreal_____ Calixtro Villarreal State Bar No.: 20581905 Attorney for Defendant

CERTIFICATE OF SERVICE

I, Calixtro Villarreal, Jr., Attorney for the Defendant in the above and foregoing

WITHDRAWAL OF NOTICE OF APPEAL do hereby certify that a copy of the same has been

forwarded to same has been forwarded to the District Attorneys of Duval County, P.O. Box Drawer

1061, San Diego, TX 78384, before 5:00 o’clock p.m. time of the recipient on the 4th day of August,

2015

____/s/ Calixtro Villarreal____

Calixtro Villarreal Jr