Medina-Gonzalez, Marco Polo

• Court: Court of Appeals of Texas
• Decided: December 30, 2014
• Docket: PD-1661-14
• Status: Published

Opinion

FILED IN COURT OF CRIMINAL APPEALS PD-1661-14 RECEIVED IN COURT OF CRIMINALAPPEALS

December 30, 2014 December 30, 2014

ABELACOSTA, CLERK NO. ABELACOSTA. CLERK

MARCO POLO § IN THE COURT OF MEDINA-GONZALEZ § PC VS. § CRIMINALAPPEALS |^o^f § STATE OF TEXAS § OF TEXAS .

SUPPLEMENTAL MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW . ^\a,%^ ^U^ TO THE HONORABLE JUDGES OF SAID COURT:

Now comes Marco Polo Medina-Gonzalez, Appellant by and through

undersigned Appellate Counsel in the above styled and numbered cause, and

moves for an extension of time of 90 days or sufficient time as described herein

below to file a petition for discretionary review, and for good cause shows the

following:

1. On Monday, December 22, 2014, Appellate Counsel learned that

Medina filed an application for writ of habeas corpus under Art. 11.07.

2. The Honorable 54th District Court has designated as issue number one

Appellant's allegation of ineffective assistance of counsel by Appellate Counsel.

3. Appellate Counsel has been ordered to provide a responsive brief on

or before January 21, 2015 and the Court will render an order on or before

February 4, 2015.

4. Appellate Counsel submits that the above mentioned matter should be resolved before the deadline of filing the PDR.

5. Appellate Counsel is uncertain of the customary timeframe for this

Honorable Court to consider said matters once findings are received from the

Honorable 54th District Court.

6. Appellate Counsel requests that the Court a sufficient period for the

Habeas matter to be resolved and requests said period to be at least 90 days as

previously requested.

PRAYER

WHEREFORE PREMISES CONSIDERED, MARCO POLO

MEDINA-GONZALEZ prays that the Court will grant a continuance for a period

of at least 90 days but sufficient enough that the Habeas matter may be resolved

before the date of submission.

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 p Digitally signed by Denton B. l> Lessman DN: cn=Denton B. Lessman,

£}£/%— >,o=Law Office of Denton B. tessman, ou, .emailiDLessmanAtty@aol.com, Bv: ,#' c=US « t>. A ™ t "'^ Date: 2014.12.22 19:02:24-06'00' 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 22, 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. -» r Lessman Manager. ^-^ rj ^y ^DN:cn=DentonB. Lessman, o=Law — Office of Denton B. Lessman, ou, "*email=DLessmanAtty@aol.com, c=US Date: 2014.12.22 19:02:37 -06'00'

Denton B. Lessman cMcN,,nJoia-aim-caA ^?i (The Clerk of the convicting court will fill this line in.) *<%/>,

IN THE COURT OF CRIMINAL APPEALS OF mX^W/'Z Au-ri ' *$ APPLICATION FOR AWRIT OF HABEAS CORPUSpfe f °- * SEEKING RELIEF FROM FINAL FELONY CONVICTM>N ^ UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: Mateo ftc>l& ,Merv&.cM g,x.

DATE OF BIRTH: FpWu,sxy \\t W33 PLACE OF CONFINEMENT: J&mfta N, AWred—Uatfc.—

TDCJ-CID NUMBER: WOTftttl SID NUMBER:

(1) This application concerns (cheek all that apply):

£L--'a conviction • parole

L^U-'a sentence • mandatory supervision

• time credit D out-of-time appeal or petition for discretionary review

(2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.)

(3) What was the case number in the trial court?

u

(4) What was the name of the trial judge?

Mofci TaVvwscfi> :

Effective: January 1. 2014

muni mi Rev. 01/14/1.4 (5) Were you represented by counsel? If yes, provide the attorney's name:

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(6) What was the date that the judgment was entered?

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(7) For what offense were you convicted and what was the sentence?

(9) What was the plea you entered? (Check one.)

D guilty-open plea D guilty-plea bargain Q-fiot guilty • nolo conteitdere/no contest

If you entered different pleas to counts in a multi-count indictment, please explain:

(10) What kind of trial did you have?

D no jury EKfury for guilt and punishment • jury for guilt, judge for punishment

Rev. 01/14/14 (11) Did you testify at trial? If yes, at what phase of the trial did you testify?

% (12) Did you appeal from the judgment of conviction?

d^fes • no

If you did appeal, answer the following questions:

(A) What court of appeals did you appeal to? "fentti ,Gss__-<:fr-—fii^enW, (B) What was the case number? Hca, \Q-V3- Qft-^-M - C&,

(C) Were you represented by counsel on appeal? If yes, provide the attorney's name:

(D) What was the decision and the date of the decision? ,

(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?

i_ yes [_-no

If you did file a petition for discretionary review, answer the following questions:

(A) What was the case number?

(B) What was the decision and the date of the decision?

(14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction'!

D yes tUn?

If you answered yes, answer the following questions:

(A) What was the Court of Criminal Appeals' writ number? —;

Rev. 01/14/14 (B) What was the decision and the date of the decision?

(C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application.

(15) Do you currently have any petition or appeal pending in any other state or federal court?

• yes • no

If you answered yes, please provide the name of the court and the case number:

(16) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies)

D yes • no

(A) What date did you present the claim? . .-.r.. ,-,.,;., .•„•,•—-—__ _

(B) Did you receive a decision and, if yes, what was the date of the decision?

If you answered no, please explain why you have not submitted your claim:

Rev. 01/14/14 (17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. Ifyour grounds and briefsummary ofthefacts have not been presented on theform application, the Court will not consider your grounds. If you have more than four grounds, use pages 14 and 15 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in.the form.

You may include with the form a memorandum of law if you want to present legal authorities, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the form. The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum.

Rev. 01/14/14 GROUND ONE:

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•FACTS SUPPORTING GROUND ONE:

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Rev. 01714/14 Rev. 01714/14 GROUND TWO:

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FACTS SUPPORTING GROUND TWO:

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Rev. 01/14/14 Rev. 01/14/14 GROUND THREE:

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FACTS SUPPORTING GROUND THREE:

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Rev. 01/14/14 Rev. 01/14/14 GROUND FOliR:

FACTS SUPPORTING GROUND FOUR:

Rev. 01/14/14 13

Rev. 01714/14 GROUND:

FACTS SUPPORTING GROUND:

Rev. 01/14/14 15

Rev. 01714/14 WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.

VERIFICATION

This application must be verified or it will be dismissed for non-compliance. For verification purposes, an applicant is a person filing the application on his or her own behalf. A petitioner is a person filing the application on behalf of an applicant, for example, an applicant's attorney. An inmate is a person who is in-custody.

The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and then complete "Petitioner's Information." A non-inmate applicant must sign the "Oath Before a Notary Public" before a notary public unless he is represented by a licensed attorney, in which case the attorney may sign the verification as petitioner.

A non-inmate non-attomeypetitioner must sign the "Oath Before a Notary Public" before a notary public and must also complete "Petitioner's Information." An inmate petitioner must sign either the "Oath Before a Notary Public" beforea notarypublic or the "Inmate's Declaration" without a notary public and must also complete the appropriate "Petitioner's Information."

OATH BEFORE A NOTARY PUBLIC

STATE OF TEXAS

COUNTY OF

, beingduly sworn, under oath says: "1 am the applicant /petitioner (circle one) in this action and know the contents of the above application for a writ of habeas corpus and, according to my belief, the facts stated in the application arc true."

Signature of Applicant / Petitioner (circle one)

SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ,20

Signature of Notary Public

Rev. 01/14/14 PETITIONER'S INFORMATION

Petitioner's printed name:

State bar number, if applicable:

Address:

Telephone:

Fax:

INMATE'S DECLARATION

I* M-rcc- C_g-rv_-Ae-7; am the applicant / petitioner (circle one) and

being presently incarcerated in 7T_m<_; ^ . A^^ Urn,*- declare under penalty of

perjuiy that, according to my belief, the facts stated in theabove application are true and correct.

Signed on _Q___^.__sr it - 20.__y.__

Signed on , 20

Signature of Petitioner

Rev. 01/14/14 COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

INSTRUCTIONS

1. You must use the complete form, which begins on the following page, to file an application for a writ of habeas corpus seeking relief from a final felony conviction under Article 11.07 of the Code of Criminal Procedure. (This form is not for death- penalty cases, probated sentences which have not been revoked, or misdemeanors.)

2. The district clerk of the county in which you were convicted will make this form available to you, on request, without charge.

3. You must file the entire writ application form, including those sections that do not apply to you. If any pages are missing from the form, or if the questions have been renumbered or omitted, your entire application may be dismissed as non-compliant.

4. You must make a separate application on a separate form for each judgment of conviction you seek relief from. Even if the judgments were entered in the same court on the same day, you must make a separate application for each one.

5. Answer every item that applies to you on the form. Do not attach any additional pages for any item.

6. You must include all grounds for relief on the application form as provided by the instructions under item 17. You must also briefly summarize the facts of your claim on the application form as provided by the instructions under item 17. Each ground shall begin on a new page, and the recitation of the facts supporting the ground shall be no longer than the two pages provided for the claim in the form.

7. Legal citations and arguments may be made in a separate memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not.

8. You must verify the application by signing either the Oath Before Notary Public or the Inmate's Declaration, which are at the end of this form on pages 11 and 12. You may be prosecuted and convicted for aggravated perjury if you make any false statement of a material fact in this application.

9. When the application is fully completed, mail the original to the district clerk of the county of conviction. Keep a copy of the application for your records.

10. You must notify the district clerk of the county of conviction of any change in address after you have filed your application.

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