Merlos, Tony v. State

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: PD-0032-15
• Status: Published

Opinion

JANUARY 20, 2015 PD-0032-15 CASE NO. 14-13-01043-CR STATE OF TEXAS § IN THE FOURTEENTH

VS. § COURT OF APPEALS

TONY MERLOS § SITTING IN HOUSTON, MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUDGES OF SAID COURT:

Now comes TONY MERLOS, appellant in the above styled and numbered cause, and moves for an extension of time of 30 days to file a petition for discretionary review, and for good cause shows the following:

I.

This case is on appeal from the 155th Judicial District Court of Austin County, Texas. II.

The case below was styled the STATE OF TEXAS V. TONY

MERLOS and numbered 2011R-0105. III. Appellant was convicted by a jury of the offense of Indecency with a Child-Contact. Sentence was imposed at Life with Possibility of Parole, in the Institutional

Division of the Texas Department of Criminal Justice on October 8, 2013 by the Honorable Jeff Steinhauser, Judge in the 155th District Court of Austin County. IV.

Appeal was had to the Fourteenth Court of Appeals. On November 25, 2014, the Fourteenth Court of Appeals affirmed appellant's conviction in STATE OF TEXAS V. TONY MERLOS and numbered 2011R-0105. The Petition for Discretionary Review was therefore due on December 29, 2014. This is appellant's first request to extend the time of filing of his Petition for Discretionary Review.

II.

Counsel has been unable to complete and file Appellant's Petition for Discretionary Review within the required time period. Appellant relies on the following facts as good cause for his requested extension of the time for filing:

During the pendency of this appeal Counsel was a solo practitioner in Austin County. In additional to his other legal responsibilities, counsel is under contract along with two other counsel for all indigent defense

services in Austin County, except for appeals and

Capital Murder cases. Additionally counsel is one of six attorneys under contract for felony indigent defense services in Waller County. Further, counsel has been involved in the following matters since the time of the decision of the Court of Appeals to today's date:

11-25-14-ACD-BURGER, TAYLOR 12-1-14-12-4-14-281st DCHC-PREYEAR V. KANDASAMY-JURY-TR 12-9-14-ACD-VARGAS,MARTIN,JACKSON,BURGER,HERNANDEZ,BYRD 12-16-14-WCD-HERRON,GARDNER,ALEXANDER 12-18-14-COLCODC-BENCH TRIAL-WILLIAMS V. POLASEK

ACD-BURGER WCD-STYERS 1-6-15-ACD-PICKRON-MURDER CASE-FINAL PT BURGER, PHILLIPS 1-8-15 - ACCL-RHINEHART,HOOD Further, counsel is set in the following proceeding

from today's date to the requested extension date. 1-12-15-ACD PICKRON-MURDER TRIAL 1-13-15-WCD506- 1-15-15-WCD506-

1-20-15-ACD-VARGAS,SWINDLE,HORDGE

1-29-15-ACCL-MOORE WCD506 - WALLER COUNTY 506TH DISTRICT COURT

ACD - AUSTIN COUNTY 155TH DISTRICT COURT

COLCODC - COLORADO COUNTY 25TH DISTRICT COURT

281ST DCHC - 281ST DISTRICT COURT HARRIS COUNTY

ACCL - AUSTIN COUNTY COURT AT LAW

WHEREFORE, PREMISES CONSIDERED, appellant respect-

fully requests an extension of 30 days from the due date

to file his petition for discretionary review.

Respectfully submitted,

CALVIN GARVIE POST OFFICE BOX 416 BELLVILLE, TEXAS 77418 (979) 865 - 5456

BY: CALVIN GARVIE STATE BAR NO.:07714300 TEXATTYCG@AOL.COM ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE I hereby certify that a true copy of this extension request was delivered or sent to the offices of the Austin County District Attorney, One East Main, Bellville, Texas 77418 and the State Prosecuting Attorney, P.O. Box 12405, Austin, Texas 78711 on January 12, 2015 by e-mail or fa

CALVIN GARVIE STATE OF TEXAS § COUNTY OF AUSTIN § AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared CALVIN GARVIE, who after being duly sworn stated: "I am the attorney for the appellant in the above numbered and entitled cause. I have read the foregoing MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW and swear that all of the allegations of fact contained therein are true and correct to e best of my knowledge." ALVIN GARVIE

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on

January 11, 2015, to certify which witness my hand and

seal of office. dAiAL) Notary Public, State of Texas