Solis-Gonzalez, Luis

Opinion

WR-82,831-01

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 3/30/2015 4:01:00 PM Accepted 3/30/2015 4:41:11 PM ABEL ACOSTA

IN THE TEXAS COURT OF CRIMINAL APPEALS CLERK

RECEIVED

LUIS SOLIS GONZALEZ § COURT OF CRIMINAL APPEALS § 3/30/2015 ABEL ACOSTA, CLERK

v. § CASE NO. ___________________ §

STATE OF TEXAS §

MOTION FOR EXTENSION OF TIME TO FILE REPLY TO WRIT OF MANDAMUS

TO THE HONORABLE JUDGE OF SAID COURT:

Comes now, Luis Solis Gonzalez, Petitioner in the above styled and numbered cause, and

files this First Motion for Extension of Time to File Reply to Writ of Mandamus, and would

show the Court as follows:

1. On January 9, 2015, the trial court ordered the Defendant to proceed to trial for a capital

offense in which the State is seeking the death penalty before the Texas Department of

Public Safety performs DNA tests of biological evidence collected as part of the

investigation for the offense.

2. Counsel for Defendant requests an extension of 14 days to file Petitioner’s Reply to Writ

of Mandamus. This is Petitioner’s first request for an extension of time in this case.

3. Petitioner relies on the following facts as a reasonable explanation for the requested

extension of time: Counsel needs additional time in order to prepare an adequate reply to

Writ of Mandamus.

4. This motion for an extension is not filed for the mere purposes of delay but so that justice

may be served.

Wherefore, premises considered, the undersigned requests that the Court grant this

Motion for Extension of Time for a period of 14 days from the date of filing.

Respectfully submitted,

JOE A. SPENCER ATTORNEY AND COUNSELOR AT LAW 1009 Montana Ave. El Paso, Texas 79902 (915) 532-5562 (915) 532-7535 fax

/s/

JOE A. SPENCER State Bar No. 1892180

JOSHUA C. SPENCER ATTORNEY AND COUNSELOR AT LAW 1009 Montana Ave. El Paso, Texas 79902 (915) 532-5562 (915) 532-7535 fax

/s/

JOSHUA C. SPENCER State Bar No. 24067879

CERTIFICATE OF SERVICE

The undersigned does hereby certify that a copy of the above motion was sent by hand delivery

to State’s Assistant District Attorney, Denise Butterworth and to the trial court: the Honorable

Luis Aguilar, 243rd District Court of El Paso County, Texas.

/s/

JOE A. SPENCER