Magalde, Fernando

• Court: Texas Supreme Court
• Decided: February 2, 2015
• Docket: PD-0114-15
• Status: Published

Opinion

PD-0114-15 IN THE

COURT OF CRIMINAL APPEALS

OF TEXAS

FERNANDO MAGALDE § Appellant § CAUSE NO 08-12-00064-CR § V- • & 08-12^00065-CR § THE STATE OF TEXAS

Appellee § FILED IN MDTION FOR EXTENSION OF TIME TO FILE CRIMINAL APPEALS PETITION FOR DISCRETIONARY REVIEW ,._,_ n„„,„ : ; FEB 02 ^j

Abel Acosta, Clerk TO THE HONORABLE COURT OF CRIMINAL APPEALS

COMES Now, The Appellant Fernando Magalde Pro se to file this Motion

for an extension of time of 90 days to prepare and file his out of time motion

and /Petition for Discretionary Review/In support thereof will show the court

the following I

On January 14/2015/The court of Criminal Appeals recently ruled d>n favor

of the .^Appellant granting his Application*! for Writ of Habeas pursuant to

Article 11.07 T-C.C.P An the Opportunity to file an Out-of-time petition

for Discretionary Review of the judgment of the 8th Court of Appeals that

affirmed his Conviction in TC NO 20110D06141/TC NO 20110D05035 from the

120th District Court of El Paso County ,the order requires that the petition _• be filed 30 days after the mandate has issued -Writ NO 82/561-®!

RECEIVEDIN 0URT OF CRIMINAL APPEAL JAN 29 2015

Abel Acosta, Clerk II

Therefore totadeqaatelyy discharge his Responsibilities Applicant Respectforly

seeks an extension of 90 days,the additional time will allow hi™;to review

court Documents and Determine the best approch in preparing his petition

and the arqument of the issues presented therein / / as Such this motion

is made in good faith and is in no way meant to delay of hinder the appellate

process, / Appellant is pro se and without Counsel and needs the addition

time to Conduct Research ancf Case Laws in an efforded to provide the court

with a Meaningful arqument for review

PRAfER

Wherefore Premises Considered, Appellant motion for an extension of time and

qrant the relief prayed for herein

Respectfully Submitted

Fernando Maqalde TDCJ-# 01828858 McConnell Unit 3001 S/Emily DR Beeville,Texas 78102

CERTIFICATE OF SERVICE

I/Fernando Maqalde / hereby-certify that a true and correct copy of the

above foreqoinq instrument has been sent to the clerk of the Court of

Criminal Appeals P.O.Box 12308 Capito.l Station Austin,Texas 78711, ON THIS

—^^ day of vQftl gag 2015 By placing the same in the U. S Postage Mail box here at the McConnell Unit

Fenando Maqalde TDCJ-# 01828858 FERNANDO MAGALDE -V. THE STATE OF TEXAS RE:WR-82,561-01

The the Clerk of said court

Please find enclosed the appellants Motion for an extension of time

appellant recieved the opinion of the court in the above Referance number

granting his Writ Applicafcioni for Hebeas Relief /as such the opinion states

that he is to file his out-of-time petition for Discretionary Review 30 days

after issuance of the mandate /Appellant has not recieved a copy of such

and felted it best to seek addition time with that said please date sstamp

and file the -..attached motion for a ruling by this Honorable Court

Respectfully

Fernando Magaldo /TDCJ # 1828058 McConnell Unit 3001 S,Emily DR Beeville Texas 78102 t / 26 / 2015

^U>74^?