Medina-Gonzalez, Marco Polo

• Court: Texas Supreme Court
• Decided: December 29, 2014
• Docket: PD-1661-14
• Status: Published

Opinion

PD-1661-14 COURT OF CRIMINAL APPEALS PD-1661-14 AUSTIN, TEXAS December 29, 2014 Transmitted 12/19/2014 6:04:03 PM Accepted 12/29/2014 11:13:38 AM ABEL ACOSTA CLERK NO. ___________________

MARCO POLO § IN THE COURT OF MEDINA-GONZALEZ § § VS. § CRIMINAL APPEALS § STATE OF TEXAS § OF TEXAS

MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes Marco Polo Medina-Gonzalez, Appellant in the above styled

and numbered cause, and moves for an extension of time of 90 days to file a

petition for discretionary review, and for good cause shows the following:

1. On November 20, 2014, the Court of Appeals affirmed appellant's

conviction. Marco Polo Medina-Gonzalez v. State, 10-13-00394-CR. This

petition is therefore due on December 20, 2014.

2. Counsel has been unable to complete the petition for the following

reasons:

In addition to Appellate Counsel’s regular solo practice, he had an appellate

brief due December 15, 2014 in the Thirteenth Court of Appeals for the State of

Texas. The record consisted of more than 800 pages for this appeal -- No.

13-14-00031-CR, State of Texas v. Aaron Anthony Torres--in which the defendant was convicted of: 1 count continuous sexual abuse of a child, 3 counts aggravated

sexual assault of a child, and 4 counts indecency with a child by contact.

Additionally

3. Appellant request an extension of ninety (90) days to file his

petitioner and submits the following as the reason for such request:

a) The Holidays

b) Appellate Counsel currently has the following court settings:

a. Jury trial beginning 1/12/2015 in United State v. Andrew

Toliver, cause number W-14-CR-258, in the Western District of

Texas Waco Division, wherein the Defendant is charged with

Possession of a Controlled Substance.

b. Jury trial beginning 1/13/2015 in State v. Lamar Sterling, in the

19th District Court of McLennan County, wherein Defendant is

charged with:

i. Tampering with Physical Evidence, cause number

2014-1268-C1;

ii. Possession of Controlled Substance, cause number cause

number 2013-567-C1;

iii. Possession of Controlled Substance in a drug free zone,

cause number 2013-2117-C1. c. 1/21/2015-1/26/2015 CLE seminar 2015 National Appellate

Defense & Persuasive Writing Skills Institute with the National

Legal aid & Defender Association.

d. 2/3/2015 priority jury trial beginning in State v. Ronny

Standifer, cause number 2013-122-C1 in the 19th District Court

of McLennan County, Texas wherein Defendant is charged

with Aggravated Assault.

e. 2/23/2015 jury trial beginning in State v. Mekamie Olivarez,

cause number 2014-521-C2 in the 54th District Court of

McLennan County, Texas where Defendant is charged with

Possession of Controlled Substance.

f. 2/24/2015 jury trial beginning in State v. Willie Lloyd in the

19th District Court of McLennan County where Defendant is

i. Theft of Service cause number 2013-1295-C1

ii. Theft by Check cause number 2012-1861-C1

g. 2/24/2015 jury trial beginning in State v. Tina Johnson Fox

where Defendant is charged by Theft in cause number

2014-1239-C1 in the 19th District Court.

h. 2/15/15-2/18/15 Appellate Counsel serves as the Presiding Judge of the Marlin Municipal Court and is expected to attend

the annual mandatory judge’s seminar with the TMCEC.

4. Appellant is currently incarcerated.

WHEREFORE, PREMISES CONSIDERED, appellant respectfully

requests an extension of 90 days, i.e. until March 21, 2015, to file a petition for

discretionary review.

Respectfully submitted,

Law Office of Denton B. Lessman 100 N. 6th Street, Ste. 702 Waco, TX 76701 Tel: (254) 776-4544 Fax: (254) 776-4551 Digitally signed by Denton B. Lessman DN: cn=Denton B. Lessman, o=Law Office of Denton B. Lessman, ou, email=DLessmanAtty@aol.com, c=US Date: 2014.12.19 18:00:06 -06'00' By: Denton B. Lessman State Bar No. 24042474 DLessmanAtty@aol.com Attorney for Marco Polo Medina-Gonzalez CERTIFICATE OF SERVICE

This is to certify that on December 19, 2014, a true and correct copy of the

above and foregoing document was served on the District Attorney's Office,

McLennan County, Texas, by electronic service through the Electronic Filing Digitally signed by Denton B. Lessman Manager. DN: cn=Denton B. Lessman, o=Law Office of Denton B. Lessman, ou, email=DLessmanAtty@aol.com, c=US Date: 2014.12.19 18:00:18 -06'00' Denton B. Lessman