Pena, Hector

• Court: Court of Appeals of Texas
• Decided: August 11, 2015
• Docket: PD-1031-15
• Status: Published

Opinion

PD-1031-15 PD-1031-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/10/2015 3:03:31 PM Accepted 8/11/2015 4:15:37 PM ABEL ACOSTA No. 15-__________ CLERK

HECTOR PENA V. THE STATE OF TEXAS On Petition for Review from the Fourteenth Court of Appeals at Houston, Texas, No. No. 14-14-00746-CR

UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF TEXAS COURT OF CRIMINAL APPEALS:

Pursuant to TRAP 10.5 and 68.2(c) , Petitioner Hector Pena requests an

extension of thirty days, to and including Monday, September 10, 2015 in which

to file a Petition for Discretionary Review.

The Opinion of the Court of Appeals was issued on July 9, 2015. No motion

for rehearing was filed. Any petition for review with this court would be due on

Monday, August 10, 2015.

This is a first request for extension.

Good cause exists for the requested extension. In the interval since July 9,

2015, this counsel has been heavily involved in preparing and filing briefs in the

following matters.

August 11, 2015 1 An interlocutory appeal in Case No. 01-15-0583-CV, The Hon. Mark Henry v.

The Hon. Lonnie Cox, has occupied substantial time since the opinion of the Court of

Appeals was issued herein, including the following separate filings by this Counsel:

--July 17, 2015, Motion to Enforce Temporary Injunction Under TRAPs 29.3 and

29.4

--July 17, 2015, Motion for Emergency Relief

--July 20, 2015, Supplementary Motion to Enforce Temporary Injunction Under

TRAPs 29.3 and 29.4

--July 27, 2015, Objection to Court’s Referral to Mediation;

--August 4, 2015, Objection to Motion to Abate Appeal, Etc.

Further, on August 7, 2015, this Counsel filed a Petition for Review on Second

Extension in Case No. 15-0423, Joe Murphy et al vs. The City of Galveston, in the

Texas Supreme Court.

Prayer

Petitioners request an extension through and including Thursday, September

10, 2015 in which to file his Petition for Discretionary Review.

2 Respectfully submitted, /s/Mark W. Stevens Mark W. Stevens TBN 19184300 PO Box 8118 Galveston, Texas 77553 409.765.6306 Fax 409.765.6469 Email: markwandstev@sbcglobal.net Counsel for Petitioner Hector Pena

Certificate of Conference

This will certify that on August 10, 2015 I conferred with the appellate section of the office of the District Attorney of Galveston County, Texas, and was advised that such office does not oppose this request for extension. /s/Mark W. Stevens Mark W. Stevens

Certificate of Compliance

This will certify that the text of the foregoing Motion contains 253 words.

/s/Mark W. Stevens Mark W. Stevens

Certificate of Service A true and correct copy of the foregoing Motion for Extension was served via facsimile 409.766.2290 on Ms. Rebecca Klaren, ADA, on August 10, 2015. An additional copy has been served on July 2, 2013 to the Office of the State Prosecuting Attorney via fax 512.463.5724.