Medellin, Albert Rodriguez

• Court: Texas Supreme Court
• Decided: May 1, 2015
• Docket: PD-0484-15
• Status: Published

Opinion

PD-0484-15 PD-0484-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/30/2015 6:58:25 PM Accepted 5/1/2015 11:44:54 AM In the Court of Criminal Appeals of Texas ABEL ACOSTA CLERK Cause No._________

May 1, 2015 on Direct Appeal from

In the Court of Appeals for the Thirteenth District of Texas COA Cause No: 13-13-00190-CR

Albert Rodriguez Medellin v. State of Texas Trail Cause No. CR-2011-196 From the 207th District Court of Comal County, Texas

Appellant’s First Motion for Extension of Time to File Petition for Discretionary Review.

TO THE HONORABLE PRESIDING JUDGE AND ASSOCIATE JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS:

Appellant presents this First Motion for Extension

of Time of Thirty Additional Days to File the Petition

for Discretionary Review as follows:

1. The Court of Appeals for the Thirteenth Judicial

District of Texas affirmed the conviction of the

Appellant on April 2, 2015.

2. The Petition for Discretionary Review is due to

be filed by May 4, 2015.

3. Appellant seeks an extension of 30 days, from

the present deadline of May 4, 2015 to a new deadline

1 of Wednesday, June 3, 2015, to file a Petition for

Discretionary Review.

4. No other extensions of time have been sought or

granted for a Petition of Discretionary Review in this

case.

5. The Court of Criminal Appeals of Texas may

extend the time to file a Petition for Discretionary

Review.

“After the filing and denial of Foster's motion for rehearing, Foster, after obtaining an extension of time from the Court of Criminal Appeals, timely filed a petition for discretionary review on December 1, 2009. See Tex.R.App. P. 50.” Foster, v. State,320 S.W. 3d 635 (Tex.Crim.App.2010)

8. The grounds for this request are that the family

is trying to gather the funds in order to hire counsel

to file a Petition for Discretionary Review on behalf

of the Appellant.

Conclusion and request for relief

2 The Court of Criminal Appeals of Texas should

extend the time to file the Petition for Discretionary

Review from May 4, 2015 until June 3, 2015.

LAW OFFICE OF LARRY WARNER RESPECTFULLY SUBMITTED April 30, 2015

By: /s/Larry Warner Larry Warner, Counsel for Appellant 3109 Banyan Circle Harlingen, Texas 78550 Phone(956)230-0361 Fax(866)408-1968 Office@larrywarner.com Texas Bar#20871500;USDC,SDTX 1230; Board Certified, Criminal Law,Texas Board of Legal Specialization(1983)

3 In the Court of Criminal Appeals of Texas Cause No._________

on Direct Appeal from

In the Court of Appeals for the Thirteenth District of Texas COA Cause No: 13-13-00190-CR

Albert Rodriguez Medellin v. State of Texas Trail Cause No. CR-2011-196 From the 207th District Court of Comal County, Texas

CERTIFICATE OF SERVICE

I emailed and faxed a copy of the Appellant’s First Motion for Extension of Time of Thirty Additional Days to File a Petition for Discretionary Review, the document to which this certificate is attached, to: Honorable Jennifer Tharp, Criminal District Attorney of Comal County, Texas 150 North Seguin Avenue, Suite 307, New Braunfels, Texas 78130 Fax: 830-620-5599 and Email:contact7@co.comal.tx.us I emailed and faxed it on April 30, 2015. LAW OFFICE OF LARRY WARNER RESPECTFULLY SUBMITTED By: /s/Larry Warner Larry Warner, Counsel for Appellant