Luna, Eleazar

Opinion

PD-1255&1256&1257-15 PD-1255&1256&1257-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/22/2015 12:29:08 PM Accepted 9/24/2015 2:46:31 PM ABEL ACOSTA Nos. PD-_____-15, PD-_____-15, and PD-_____-15 CLERK _______________________________________________________________

IN THE TEXAS COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS _______________________________________________________________

ELEAZAR LUNA, Appellant

September 24, 2015 v.

THE STATE OF TEXAS _______________________________________________________________

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

TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS:

Comes now, Eleazar Luna, Appellant in the above styled and numbered

causes and pursuant to TEX. R. APP. P. 10.5(b) and 68.2(c) files this motion for

extension of time to file Appellant’s Petitions for Discretionary Review and would

show this Honorable Court the following:

I.

On July 16, 2015, a panel of the Thirteenth Court of Appeals handed down a

decision affirming Luna’s three convictions for the offenses of indecency with a

child in cause numbers 13-14-00367-CR, 13-14-00368-CR, and 13-14-00369-CR.

Luna v. State, 2015 WL 4381353 (Tex. App. – Corpus Christi 2015). A motion for rehearing was timely filed and denied by the Court of Appeals on September 3,

2015. Luna’s petitions for discretionary review are due on October 5, 2015.

II.

Luna seeks a 30 day extension of the current deadline in which to file his

petitions for discretionary review. This request is based on the following facts

which prevent counsel for Appellant from preparing the petitions for discretionary

review by the current deadline:

Counsel cannot meet the current deadline and needs a 30 day extension

because the record on appeal is voluminous and comprised of ten volumes. Since

rehearing was denied, counsel for appellant has been working on an applicant’s

findings of fact, conclusions of law, and objections to the trial court’s findings and

conclusions as ordered by the Court of Criminal Appeals on March 4, 2015, in Ex

parte Christopher Wimberly, No. WR-64,017-05 (Tex. Crim. App. 2015). Counsel

has also been working on an appellant’s brief which is on first extension in Isreal

Reyes, Sr. v. State of Texas, No. 03-15-00233-CR, in the Third Court of Appeals.

Finally, undersigned counsel plans to be out of the office and out of town on a

family trip from September 28, 2015, to October 4, 2015. Filing of the petitions

for discretionary review cannot be accomplished by the current deadline while still

effectively representing appellant on discretionary review in this Court.

2 III.

This is the first request for an extension to file Luna’s petitions for

discretionary review.

PRAYER

Appellant requests this Court grant the motion and extend the time to file his

petitions for discretionary review up to and including November 4, 2015.

Respectfully submitted,

/s/Richard E. Wetzel Richard E. Wetzel Bar No. 21236300

1411 West Avenue, Suite 100 Austin, Texas 78701

(512) 469-7943 (512) 474-5594 – fax wetzel_law@1411west.com

Attorney for Appellant Eleazar Luna

CERTIFICATE OF SERVICE

This is to certify a true and correct copy of this pleading was mailed to counsel for the State of Texas, Assistant District Attorney Robert Lassmann at the DeWitt County Courthouse, Cuero, Texas, 77954, on this the 22nd day of September, 2015.