Quintero, Juan

Opinion

PD-0746-15

PD-0746-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 6/18/2015 10:53:56 AM Accepted 6/19/2015 2:15:42 PM ABEL ACOSTA

CLERK

No. PD-_________

In the Court of Criminal Appeals of Texas ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ No. 14-13-00559-CR

In the Fourteenth District Court of Appeals (Houston, Texas)

⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ No. 1368190

In the 228th District Court, Harris County, Texas ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ JUAN QUINTERO,

Petitioner

v.

THE STATE OF TEXAS,

Respondent

⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯

PEYTON Z. PEEBLES, III SHELLIST, PEEBLES & MCALISTER, LLP 405 Main Street, Suite 200 Houston, Texas 77002

June 19, 2015 Tel.: (713) 715-4500 Fax: (713) 715-4505 Email: peebles@texaslegalteam.net SBOT: 24013307 Counsel for Petitioner

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TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

Petitioner Juan Quintero, through his undersigned counsel and in accordance with Tex. R. App. P. 2, 10.5(b), and 68.2(c), respectfully moves this Court for more time in which to file his petition for discretionary review (“PDR”) in this case. Petitioner offers the following in support:

1. Petitioner requests a 30-day extension of time in which to file his PDR.

2. The PDR is due today, June 18, 2015. 3. A divided panel from the Fourteenth District Court of Appeals issued its majority and dissenting published opinions , and judgment affirming petitioner’s conviction, on May 19, 2015.

4. Petitioner did not file a motion for rehearing or motion for en banc reconsideration.

5. Petitioner was convicted of aggravated sexual assault of a child and received a 6-year prison sentence pursuant to a plea bargain.

6. The undersigned counsel requires more time to draft petitioner ’s PDR for the following reasons:

a. Counsel has been in trial, or preparing for trial

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and/or sentencing, in many matters, some of which are:

i. State of Texas v. John Lancey, No. 1405593 in the 184th District Court of Harris County, Texas ;

ii. State of Texas v. Jose Garza, No. 1453925 in the 209th District Court of Harris County, Texas;

iii. State of Texas v. Alfonso Martinez, No. 1453358 in the 338th District Court of Harris County, Texas;

iv. United States v. Svetalina Zagon, No. 12-CR-

00626-SJ in the United States District Court for the Eastern District of New York (Brooklyn Division); and b. During the relevant time period the undersigned counsel has been working on numerous postconviction writ matters, some of which are:

i. Ex parte Jaime Vasquez, No. 720173-A (original case) in the 177th District Court of Harris County, Texas;

ii. Ex parte Javier Castro, No. 1966885 in the County Criminal Court at Law No. 6 of Harris

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County, Texas; and

c. The undersigned counsel was out of town on vacation from June 9, 2015, through June 13, 2015.

7. The undersigned counsel asks that time to file this PDR be extended to July 20, 2015 (the 18th falling on a Saturday).

Consequently, additional time will necessary in order to prepare petitioner’s PDR in this matter.

PRAYER FOR RELIEF

For the foregoing reasons, Petitioner prays that this Court grant him an extension of time to file this PDR until July 20, 2015.

Respectfully submitted, SHELLIST, PEEBLES & MCALISTER, L.L.P. By: /s/ Peyton Z. Peebles III

____________________________________________________

PEYTON Z. PEEBLES III

405 Main Street, Suite 200 Houston, TX. 77002 Tel: 713-715-4500 Fax: 713-715-4505 Email: peebles@texaslegalteam.net SBOT: 24013307 SPN: 01759419 Counsel for Petitioner

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⎯⎯⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯⎯⎯

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing motion was served upon the parties designated below by e-filing on June 18, 2015.

Clinton A. Morgan Harris County Assistant District Attorney 1201 Franklin, Suite 600 Houston, Texas 77002 (service by e-file to morgan_clinton@dao.hctx.net)

Lisa C. McMinn Texas State Prosecuting Attorney P.O. Box 13046 Capitol Station Austin, Texas 78711 (service by e-file to information@spa.texas.gov)

/s/ Peyton Z. Peebles III

____________________________________________________

PEYTON Z. PEEBLES III