Valdez, Fidencio

Opinion

A-77,042 FILED IN _ . COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS October 8, 2015 Transmitted 10/7/2015 6:12:20 PIV Accepted 10/8/2015 8:04:42 AW ABELACOSTA, CLERK AP-77,042 ABELACOST/0 CLERK

FIDENCIO VALDEZ 0 IN THE TEXAS COURT 0 V. 0 OF CRIMINAL APPEALS 0 STATE OF TEXAS 0 AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE DEFENDANT-APPELLANT'S BRD2F

To the Court of Criminal Appeals:

Fidencio Valdez, Appellant in this cause, moves the Court for an extension of time for

filing defendant-appellant's brief, and in supportof this motion shows:

I.

This isanappeal from the 384th Judicial District Court for the State ofTexas . H.

If no extension of time is granted by this Court, the brief of appellant must be filed by

the 5th day of October, 2015. One extension of time has been requested or granted

previously by the Court.

HI.

A reasonable explanation of the need for more time for filing Appellant's brief exists,

in that Defendant-Appellant's counsel received the record last month and there are 66

volumes to review. This requestis out of time because when counsel calledregarding the

first extension he understood the extension would be for 90 days, in calculating the time

he did not include the first 30 days and calendared November 4,2015. When the request

was granted he did not review the order thoroughly. Counsel, is also working on a complicated federal appeal in the United States v. Charles Marquez in the 5th Circuit

Court of Appeals, Docket Number 14-50968. Additionally, counsel is also working on a

brief in the State of Texas v. Daniel Chavira in the Eighth Court of Appeals, Docket

Number08-15-00128. In addition a daily trial docket.

IV.

An extension of time for filing Appellant's brief will not delay submission of this

cause in its prescribed order, and no harm will result to the Appellee as a result of an

extension of time for filing briefs, in that this case has not been set for submission.

Wherefore , Appellant requests that the Court enter an order extending the time for

filing Appellant's briefto the 5th day of December, 2015.

Respectfully submitted,

Joseph D. Vasquez 310N.Mesa, Suite710 El Paso, Texas 79901 Telephone No. (915) 542-4556 Facsimile No. (915) 543-6309 State Bar No. 00788581 Attorney for Appellant

CERTIFICATE OF SERVICE

I served a copy of the foregoing Motion for Extension of Time to file Appellant's Brief on the District Attorney's Office via hand delivery on the 7th day of October, 2015.

,—•jgggjffyy — JosetgyD. Vasquez Attorney for Defendant-Appellant The State of Texas

County of El Paso

Before me , the undersigned authority, personally appeared Joseph D. Vasquez, counsel for Appellant, who upon oath deposes and says that he is counsel of record for the Appellant herein and as such is fully capable, authorized, competent and qualified to make this affidavit; that he executed the same for, and on behalf of said Appellant for all purposes, and further states that the statements herein contained are true and correct.

Joseph D. Vasquez Attorney for Appellant

Subscribed and Sworn to by the said Joseph D. Vasquez, attorney for Appellant, this <=+-»k(, the 2gh day of &**§»st, 2015, to certify which witnessmy hand and seal of office.

2r/^L^^ N6fary Public State ofT EX AS