Salazar, Enrique Sanchez

Opinion

PD-1351-15 PD-1351-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS October 16, 2015 Transmitted 10/15/2015 7:32:59 PM Accepted 10/16/2015 2:10:25 PM ABEL ACOSTA CAUSE NO:__________ CLERK

ENRIQUE SANCHEZ SALAZAR § IN THE COURT § v. § § STATE OF TEXAS § OF CRIMINAL APPEALS

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

Comes now Appellant ENRIQUE SANCHEZ SALAZAR through his

court-appointed counsel for the below cause and files this motion for

extension of time to file a petition for discretionary review pursuant to Rules

10.5(b) and 68.2(c) of the Rules of Appellate Procedure and notice of

nonrepresentation by court-appointed counsel and shows in support:

1. On September 1, 2015, the Thirteenth Court of Appeals issued

an opinion and judgment in Cause No. 13-14-00563-CR styled Enrique

Sanchez Salazar v. State affirming the trial court judgment. No motions for

rehearing or reconsideration were filed. Appellant’s deadline to file a

petition for discretionary review was October 1, 2015. Tex. R. App. P. 68.2.

2. Undersigned counsel sent Appellant notice of the opinion and

judgment and instructions on how to file a pro se petition for discretionary

review within 5 days of the date of issuance as required by Texas Rules of

Appellate Procedure. Due to an error, the letter was sent to his last known

Page 1 of 3 home address in Cenizo, Texas. Appellant is incarcerated. After discovering

the error, counsel express- mailed another copy of the letter and judgment to

Appellant c/o Reg. No. 48232379, U.S. Penitentiary, 4700 Bureau Road

South, Terre Haute, IN 47802 and it was shown received on September 24,

2015 – i.e., seven days before his deadline to file a petition for discretionary

review.

3. Appellant has notified undersigned counsel that he wishes to

proceed with a petition for discretionary review. His deadline to seek an

extension of time from this Court is October 15, 2015. As a courtesy,

counsel is filing this motion for extension of time on his behalf to ensure that

the deadline is met.

4. Counsel does not represent Appellant on this petition for

discretionary review and will notify Appellant again that he must proceed

pro se unless he retains counsel.

Wherefore, premises considered, Appellant Enrique Sanchez Salazar

asks this Court to extend the time to file a petition for discretionary review

and for such other and further relief to which he may be entitled.

Respectfully submitted,

/s/ Abner Burnett Abner Burnett SBN 03425770 Bee County Regional Public Defender

Page 2 of 3 316 S. Closner Blvd. Edinburg, Texas 78539 Tel: (956) 393-6202 Fax: (956) 423-3674 ABURNETT@trla.org

Certificate of Service

The undersigned attorney hereby certifies that a true and correct copy of the foregoing documents has been delivered via electronic file manager to Jose Aliseda, the 156th District Attorney, and Edward Shaughnessy, and to Enrique Sanchez Salazar, No. 48232379, U.S. Penitentiary, 4700 Bureau Road South, Terre Haute, IN 47802, on this 15th day of October, 2015 via certified mail/return receipt requested 7013 3020 0002 0627 7334.

/s/ Abner Burnett Abner Burnett

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