Trevino, Ismael

• Court: Court of Appeals of Texas
• Decided: August 17, 2015
• Docket: PD-1057-15
• Status: Published

Opinion

PD-1057-15 PD-1057-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/13/2015 10:32:19 AM Accepted 8/17/2015 1:37:18 PM ABEL ACOSTA NO. 14-14-00262-CR CLERK

IN THE COURT OF APPEALS

FOURTEENTH DISTRICT

HOUSTON, TEXAS

NO. 1416917

IN THE TRIAL COURT

180TH JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

ISMAEL TREVINO § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

MOTION FOR EXTENSION OF TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW

ALLEN C. ISBELL 2016 Main St., Suite 110 Houston, Texas 77002 713/236-1000 Fax No. 713/236-1809 August 17, 2015 STATE BAR NO. 10431500 Email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW ISMAEL TREVINO, appellant, by and through his

counsel on appeal, ALLEN C. ISBELL, and respectfully requests this

Honorable Court grant an Extension of Time for Filing a Petition for

Discretionary Review.

I.

The Fourteenth Court of Appeals in Houston, Texas, delivered an

opinion in this matter on July 23, 2015, in Cause No. 1416917, entitled

ISMAEL TREVINO vs. The State of Texas.

II.

The present deadline for filing the Petition for Discretionary Review is

August 22, 2015.

III.

Appellant requests that the time be extended until September 21, 2015.

IV.

Counsel is unable to timely file the Petition for Discretionary Review

within the time prescribed by the TEXAS RULES OF APPELLATE

PROCEDURE for the following reasons:

c:\appeals\trevino\ext. pdr Page 2 of 5 1. Counsel is preparing for the following Trials:

• State vs. Aguilar, Cause No. 1370058 (Murder)(set to begin August 17, 2015);

• State vs. Earls, No. 1388874 (Capital Murder)(set to begin September 8, 2015);

• State vs. Pinnock, Nos. 1435200 & 1393885 (Aggravated Assault with a Deadly Weapon & Evading Arrest).

2. Counsel has recently represented the following in court: State vs. Allen, Nos. 1475254 & 1403306; State vs. Block, Nos. 1477559 & 1477560;State vs. Bonds, No. 1436427; State vs. Barnaba, No. 1470729; State vs. Bell, No. 1458279; State vs. Davis, No. 1438664; State vs. Dornes, No. 1477372; State vs. Dow, Nos. 1470185 & 1470186; State vs. Dudley, No. 1475827; State vs. Earls, Nos. 1466223, 1466229, 1466318, & 1466692; State vs. Ellis, Nos. 1473854 & 1473855; State vs. Harris, No. 1471752; State vs. Hastings, No. 1464287; State vs. Hornsby, Nos. 1455466, 1455467 & 1455768; State vs. Magee, Nos. 1392085, 1386835, 1387732, & 1386809; State vs. Monroe, No. 1470489; State vs. Morris, No. 1458287; State vs. Perez, No. 1448860; State vs. Perkins, No. 1459848; State vs. Pinnock, Nos. 1435200 & 1393885; State vs. Sylmon, No. 1467313; State vs. Rodriguez, No. 1464967; State vs. Ward, Nos. 1284273, 1297205, & 1297206;

V.

This is the first (1) extension requested.

VI.

This motion is urged at the first opportunity as appellant is indigent and

will suffer irremediable harm if it is not granted.

c:\appeals\trevino\ext. pdr Page 3 of 5 WHEREFORE, PREMISES CONSIDERED, appellant prays that this

Honorable Court grant this extension of time in which to file the Petition for

Discretionary Review until September 21, 2015.

Respectfully submitted,

/s/ Allen C. Isbell ALLEN C. ISBELL 2016 Main St., Suite 110 Houston, Texas 77002 713/236-1000 Fax No. 713/236-1809 STATE BAR NO. 10431500 Email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL

Certificate of Service

I hereby certify that on this 13th day of August, 2015, a true and correct

copy of the foregoing Motion for Extension of Time for Filing Appellant's

Petition for Discretionary Review has been sent to the District Attorney's

Office, Appellate Division, and to Mr. Ismael Trevino, appellant.

/s/ Allen C. Isbell ALLEN C. ISBELL

c:\appeals\trevino\ext. pdr Page 4 of 5 Certificate of Compliance

The undersigned attorney on appeal certifies this motion is computer

generated and consists of 572 words. Counsel is relying on the word count

provided by the Word Perfect computer software used to prepare the motion.

c:\appeals\trevino\ext. pdr Page 5 of 5