Ramirez, Albert

• Court: Court of Appeals of Texas
• Decided: September 30, 2015
• Docket: PD-1274-15
• Status: Published

Opinion

PD-1274-15 PD-1274-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/24/2015 5:19:43 PM Accepted 9/30/2015 11:31:49 AM ABEL ACOSTA IN THE CLERK

COURT OF CRIMINAL APPEALS

OF TEXAS

ALBERT RAMIREZ, § Appellant § Eighth Court of Appeals § No. 08-11-00298-CR vs. § Appeal from the 171st § Judicial District Court § of El Paso County, Texas THE STATE OF TEXAS, § TC No. 20090D03210 Appellee §

MOTION FOR EXTENSION OF OUT OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW the El Paso County Public Defender's Office, counsel for the

Appellant herein, and files this motion for an extension of 60 days for Appellant to

file his Petition for Discretionary Review. In support of this motion, counsel

would show the Court the following:

I.

The Appellant was tried by a Jury before the 171ST District Court, the

Honorable Bonnie Rangel presiding, in Cause No. 20090D03210 Styled The State

of Texas v. ALBERT RAMIREZ, and convicted of the offense of Aggravated

September 30, 2015 1 Sexual Assault of a Child, an Adult Felony. He was subsequently sentenced by the

Court to 99 years TDC, Institutional Division - TDCJ on October 5th, 2011.

II.

The deadline for filing the Appellant’s Petition for Discretionary Review is

September 25th, 2015.

III.

Appellant requests a 60-day extension of time to file his Petition for

Discretionary Review herein.

IV.

This is the Appellant’s first such request for an extension of time.

V.

Appellant’s request for an extension is bases upon the following facts:

1. The El Paso County Public Defender’s Office represented Appellant on

his direct appeal through the 8th Court of Appeals.

2. The Public Defender’s Office received the 8th Court of Appeals opinion

dated August 26th, 2015, and sent Appellant a copy of same along with a

letter outlining his options to pursue appellate relief. In compliance with

Texas Rule of Appellate Procedure 48.4, a copy of that letter was filed

with the 8th Court of Appeals.

2 3. Appellant will retain another attorney to continue the appeal of his

conviction.

4. Thus, in order to adequately discharge his responsibilities to Appellant

herein, the undersigned Counsel respectfully requests a 60-day extension

of time for Appellant to properly prepare and present Appellant’s Petition

for Discretionary Review herein.

WHEREFORE, the undersigned counsel prays that the Court grant this

Motion and extend the deadline for filing the Appellant’s Petition for Discretionary

Review to November 24th, 2015.

Respectfully submitted,

EL PASO COUNTY PUBLIC DEFENDER

BY: /s/NICHOLAS C. VITOLO NICHOLAS C. VITOLO First Assistant Public Defender SBN 24084526 500 E. San Antonio, Room 501 El Paso, TX 79901 (915) 546-8185, FAX 546-8186

3 STATE OF TEXAS § § COUNTY OF EL PASO §

BEFORE ME, the undersigned authority, appeared NICHOLAS C. VITOLO

on the 24th day of September, 2015 and who, being by me duly sworn, did depose

and state on his oath:

“My name is NICHOLAS C. VITOLO. I am the Attorney for Appellant in the above styled and numbered document and the above stated facts are true and correct and within my personal knowledge.”

/s/NICHOLAS C. VITOLO NICHOLAS C. VITOLO

SUBSCRIBED AND SWORN TO BEFORE ME on this the 24th day of

September, 2015.

/s/Margarita S. Martinez NOTARY PUBLIC STATE OF TEXAS

4 CERTIFICATE OF SERVICE

I, NICHOLAS C. VITOLO, hereby certify that a true and correct copy of the foregoing instrument has been hand-delivered to the District Attorney’s Office, 500 E. San Antonio St., Room 201, El Paso, Texas 79901, mailed to the State Prosecuting Attorney, P.O. Box 12405, Austin, Texas 78711, and mailed to the Appellant ALBERT RAMIREZ, TDCJ No. 01750283, Alfred Hughes Unit, RT. 2 Box 4400, Gatesville, TX 76597, on this the 24th day of September, 2015.