Litoiu, Remus

• Court: Court of Appeals of Texas
• Decided: September 1, 2015
• Docket: PD-1131-15
• Status: Published

Opinion

PD-1131-15 PD-1131-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/31/2015 3:41:33 PM Accepted 9/1/2015 12:06:29 PM ABEL ACOSTA NO. PD.________________ CLERK

_________________________________________________________________

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

REMUS LITOIU, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE __________________________________________________________________

On Petition For Discretionary Review From The Thirteenth Court Of Appeals In No. 13-13-00489-CR affirming the conviction in cause number S- 13-3012-Cr, from the District Court Of San Patricio County, Texas

APPELLANT’S MOTION FOR EXTENSION OF TIME

Respectfully submitted,

/s/ Les Cassidy Les Cassidy 814 Leopard Street Corpus Christi, Texas 78401 September 1, 2015 361-887-2965 (office) 361-885 -0320 (fax) State Bar No. 03979270 Attorney for Appellant, REMUS LITOIU

__________________________________________________________________ Now comes Remus Litoiu, Appellant, and moves this Court to grant an

extension of time to file appellant's Petition for Discretionary Review, pursuant to

Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows

the following:

1. This case was on appeal from the 36th Judicial District Court of San Patricio

County, Texas.

2. The style of the case in the 13th Court of Appeals was REMUS LITOIU vs.

STATE OF TEXAS, and numbered 13-13-00489-CR.

3. Notice of the Opinion and Judgment from the Court of Appeals was given

on July 30, 2015.

4. The appellate Petition for Discretionary Review is presently due on August

31, 2015.

5. Appellant requests an extension of time of 15 days from the present due

date, i.e. August 31, 2015, to file his Petition for Discretionary Review.

6. This Motion is timely filed less than 15 days after the last day for filing a

Petition for Discretionary Review.

7. No prior extensions to file the appellant’s Petition for Discretionary Review

have been requested in this cause.

8. Appellant relies on the following facts as good cause for the requested

extension:

Counsel needs additional time to adequately prepare the Appellant's Petition for

Discretionary Review for filing and Counsel is asking for a 15-day extension to properly

complete the Petition. Appellate Counsel’s paralegal, Alice Sheets, was out of the office

during the week of August 24 – 28, 2015, while under subpoena in a case pending in the

214th Judicial District Court in Nueces County, in which she was a testifying witness.

Appellate counsel has multiple trial settings in District and County Courts and will be

busy resolving two matters on August 31, 2015 through September 2, 2015. A 15-day

extension will allow more time for the filing of an appropriate Petition for Discretionary

Review.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion for Extension of Time to File Appellant's Petition for Discretionary

Review, and for such other and further relief as the Court may deem appropriate.

CERTIFICATE OF SERVICE I certify that a true copy of the above was served in accordance with the Texas Rules of Civil Procedure on this the 31st day of August 2015, on the following:

Via Fax 361-364-9490 San Patricio District Attorney 400 West Sinton Street, Room 108 Sinton, Texas 78387

_/s/ Les Cassidy _________________ Les Cassidy