Valadez, Alvin Jr.

• Court: Court of Appeals of Texas
• Decided: October 2, 2015
• Docket: PD-1308-15
• Status: Published

Opinion

PD-1308-15 PD-1308-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/2/2015 11:54:28 AM October 2, 2015 Accepted 10/2/2015 12:37:36 PM ABEL ACOSTA NO. PD-_________________ CLERK

ALVIN VALADEZ, JR, § IN THE COURT OF Appellant

vs. § CRIMINAL APPEALS

THE STATE OF TEXAS, § AUSTIN, TEXAS Appellee

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

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Now comes, Alvin Valadez, Jr., appellant in the instant cause, by and

through undersigned counsel, Edward F. Shaughnessy, and files this

Appellant’s Motion for Extension of Time to File Appellant’s Petition for

Discretionary Review. In support of the instant motion the Appellant would

show unto this Court the following:

A.

The appellant was charged by way of indictment in Guadalupe County

with the offense of Possession of Heroin (1 to 4 grams)(Repeater) in cause

number 134-1568-C. The appellant was convicted by a jury and sentenced

by the jury to Life in confinement in the Texas Department of Criminal

Justice. An appeal was pursued by the appellant to the Court of Appeals, Fourth District, San Antonio. On September 16, 2015 that Court affirmed

the judgment of the trial court after rejecting the single point of error alleged

by the appellant. The appellant’s Petition for Discretionary Review is due to

be filed in this Court on or before October 16, 2015. The appellant would

respectfully request a thirty-day extension of time to file the Appellee’s

Petition for Discretionary Review with this Court. No previous requests for

an extension of time have been sought in this matter.

B.

The undersigned has been appointed to serve as a prosecutor pro tem

by the judge of the 290th District Court of Bexar County, Texas in the capital

murder cases pending against Conrad Ochoa and Baron Ochoa. Those

matters are set for pre-trial on October 6, 2015

C.

The undersigned is in the process of compiling a proposed order on

behalf of the State of Texas in the case of Ex Parte Denise Crouch, a post-

conviction writ of habeas corpus pending in the 38th Judicial District of

Medina County, Texas. That matter involved a contested evidentiary

hearing ordered by this Court. D.

Counsel is in the process of compiling briefs in the following matters:

James Garza v. The State of Texas, cause no. 04-15-00456-CR; Benny

Cavazos Valverde v, The State of Texas, Cause No. 04-14-00338-CR; and

Richard Longoria v. The State of Texas, Cause No. 13-15-00173-CR.

E.

In addition the undersigned serves as a part-time Criminal law

Magistrate for the District Courts of Bexar County and as a Juvenile Referee

for the Juvenile Courts of Bexar County. Counsel will be serving in those

capacities during the upcoming days.

. PRAYER FOR RELIEF

Wherefore premises considered, the Appellant would request an

extension of time file the Appellant’s Petition for Discretionary Review in

the instant case until November 18, 2015.

Respectfully submitted,

/S/____________________ Edward F. Shaughnessy, III Attorney for the Appellee 206 East Locust Street San Antonio, Texas 78212 SBN: 18134500 Phone: (210) 212-6700 Fax: (210) 212-2178 Shaughnessy727@gmail.com CERTIFICATE OF SERVICE

I, Edward F. Shaughnessy, hereby certify that a copy of the instant motion was served upon Christopher M. Eaton, attorney for the appellee, by mailing the motion to 211 W. Court St. 3rd Flr. Seguin, Texas 78155 on the _2_ day of October, 2015.

/S/______________________ Edward F. Shaughnessy, III Attorney for the Appellee