Menjivar, Adolph Junior

• Court: Texas Supreme Court
• Decided: December 4, 2015
• Docket: PD-1568-15
• Status: Published

Opinion

PD-1568-15 PD-1568-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/3/2015 4:05:42 PM Accepted 12/4/2015 12:49:04 PM ABEL ACOSTA CLERK NO. ______________

IN THE TEXAS COURT OF CRIMINAL APPEALS _______________________________________________________________

ADOLPH JUNIOR MENJIVAR Appellant

v.

THE STATE OF TEXAS Appellee ________________________________________________________________

FROM THE TENTH COURT OF APPEALS CAUSE NO. 05-14-01025-CR

ON APPEAL FROM THE 291ST JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS TRIAL COURT NO. F1357185-U THE HONORABLE JENNIFER BALIDO PRESIDING

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

BRUCE ANTON State Bar No. 01274700 ba@sualaw.com

SORRELS, UDASHEN & ANTON 2311 Cedar Springs, Suite 250 Dallas, Texas 75201 (214) 468-8100 (office) December 4, 2015 (214) 468-8104 (fax)

Attorney for Appellant

1 COMES NOW, ADOLPH JUNIOR MENJIVAR, Appellant herein, and

moves this court to issue an extension of time to file his petition for discretionary

review, and in support thereof would show the court as follows:

I.

The opinion of the Fifth Court of Appeals in cause number 05-14-01028-

CR, affirming the conviction, was rendered on November 4, 2015.

II.

The numbers and style of the case in the District Court is No. F1357185U,

State of Texas v. Adolph Junior Menjivar.

III.

Appellant was convicted of murder.

IV.

The present deadline for filing the petition for discretionary review in this

matter is December 4, 2015.

No extensions of time to file the brief were previously requested.

VI.

The reason for this request is that during the last few weeks counsel has been

working on the following:

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 2 1. Application for Certificate of Appealability in John Horn v. William Stephens, case no. 15-50948 in the United States Court of Appeals for the Fifth Circuit.

2. Appellant’s Reply Brief in Vincent Dewaynt Johnson v. The State of Texas, case nos. 05-15-00403-CR, 05-15-00404-CR, 05-15-00405-CR in the Fifth Court of Appeals of Texas.

3. Application for Writ of Habeas Corpus in Ex Parte Enrique Martinez, trial court no. F1153368W in the 363rd Judicial District Court of Dallas County, Texas.

WHEREFORE, PREMISES CONSIDERED, Appellant requests this court

to grant an extension of time to file his petition for discretionary review until

January 3, 2015.

RESPECTFULLY SUBMITTED,

/s/ Bruce Anton BRUCE ANTON Texas State Bar No. 01274700 SORRELS, UDASHEN & ANTON 2311 Cedar Springs #250 Dallas, Texas 75201 (214) 468-8100 (214) 468-8104 (fax) ba@sualaw.com

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 3 CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above entitled motion for extension of time was electronically served to the Dallas County District Attorney’s Office and to the State Prosecuting Attorney on this 3rd day of December, 2015.

/s/ Bruce Anton BRUCE ANTON

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW - PAGE 4