Tellez, Hector

• Court: Court of Appeals of Texas
• Decided: October 15, 2015
• Docket: PD-1342-15
• Status: Published

Opinion

PD-1342-15 PD-1342-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS October 15, 2015 Transmitted 10/14/2015 4:36:34 PM Accepted 10/15/2015 3:00:43 PM ABEL ACOSTA IN THE CLERK

COURT OF CRIMINAL APPEALS

OF TEXAS

HECTOR TELLEZ, § Appellant § Eighth Court of Appeals § No. 08-13-00141-CR vs. § Appeal from the 384TH § Judicial District Court § of El Paso County, Texas THE STATE OF TEXAS, § TC No. 20120D04773 Appellee §

MOTION FOR EXTENSION 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 384TH District Court, the

Honorable Patrick M. Garcia presiding, in Cause No. 20120D04773 Styled The

State of Texas v. HECTOR TELLEZ, and convicted of the offense of Intoxicated

Manslaughter W/Vehicle, an Adult Felony, on April 23, 2013. He was

1 subsequently sentenced by the Court to 20 years TDC, Institutional Division -

TDCJ on April 26th, 2013

II.

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

October 16th, 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 September 16th, 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 December 16th, 2015.

Respectfully submitted,

EL PASO COUNTY PUBLIC DEFENDER

BY: /s/NICHOLAS C. VITOLO NICHOLAS C. VITOLO 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 14th day of October, 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 14th day of

October, 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 HECTOR TELLEZ, TDCJ No. 01858884, Michael Unit, 2664 FM 2054, Tennessee Colony, TX 75886, on this the 14th day of October, 2015.