Case Information
*1 PD-1004-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/5/2015 7:43:38 AM Accepted 8/6/2015 3:52:43 PM ABEL ACOSTA CLERK NO. 13-14-00175-CR TRIAL CAUSE NO. 2009 –CR-1438-A
MANUEL PENA § IN THE COURT OF
§ VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUDGES OF SAID COURT:
Now comes Manuel Pena, Appellant in the above styled and numbered cause, and moves for an extension of time of 30 days to file a petition for discretionary review, and for good cause shows the following:
1. On the 25 th Day of June 2015, the Court of Appeals affirmed appellant's conviction. Manuel Pena v. State, 13-14-00175; Trial Cause number 2009-CR-1438-A. This petition is therefore due on July 24, 2015.
2. Counsel has been unable to complete the petition for the following reasons: When Counsel received notice of the judgment, he was working on an appeal in Cause number 13-15-00050. The appeal was to the Court of Appeals, 13 th District of Texas and was completed and submitted on the 10 th day of July 2015. Additionally, Counsel’s communication with Appellant was delayed because he is currently in custody in Connally Unit, Kenedy, TX.
3. Defendant is currently incarcerated.
4. Counsel for Appellant conferred with Assistant District Attorney Rene Gonzalez on July 24, 2015 and he was not opposed to Appellant’s request for a continuance to file a Petition for Discretionary Review.
WHEREFORE, PREMISES CONSIDERED , appellant respectfully requests an extension of 30 days, i.e. until September 5, 2015, to file a petition for discretionary review.
Respectfully submitted,
JOSEPH MORENO
By:/s/ Joseph Moreno
State Bar No. 24048676
23409 El Paso Drive
Harlingen, TX 78552
j_moreno_02@yahoo.com Attorney for Manuel Pena *3 CERTIFICATE OF SERVICE
This is to certify that on August 5, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Cameron County, 964 E. Harrison Street, Brownsville, TX 78520, by E-mail to rgonzalez1@co.cameron.tx.us.
/s/ Joseph Moreno