Case Information
*1 13-14-00006-cr COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/4/2015 11:55:15 AM Accepted 9/10/2015 9:20:21 AM ABEL ACOSTA IN THE COURT OF CRIMINAL CLERK APPEALS OF TEXAS FORMERLY ON APPEAL
CT. APP. 13-14-00006-CR
&
13-14-00007-CR
RAUL GARZA SALAZAR, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
ON APPEAL FROM: ---------------------------------------------------------------------------------------------------
THE 445TH DISTRICT COURT
OF CAMERON COUNTY, TEXAS
CAUSE NO. 2013-DCR-1700
& 2013-DCR-1701 *****************************************************************
MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW ; TEX.R.APP.P.4.5(c)(3) *****************************************************************
A. INTRODUCTION
Appellant is Raul Garza Salazar; Appelle is State of Texas.
B. ARGUMENT & AUTHORITIES The Court has the authority under TEX.R.APP.P.4.5(c)(3) to grant Appellant additional time to file his petition for review.
1. The Petition for Discretionary Review is due on September 8, 2015. The length of the requested extension is 30 days, that is, until October 8, 2015.
3. No prior extensions have been requested or granted. *2 The reason for the extension is that counsel has been unable to talk to the client. Nor has he been able to talk to client’s family, who do not have a telephone. Counsel needs to talk to the client before taking further action.
CONCLUSION AND REQUEST FOR RELIEF The Court of Criminal Appeals should extend the time to file a Petition for Discretionary Review to October 8, 2015.
The Court of Criminal Appeals should grant this Motion and allow the time to file the Petition for Discretionary Review to begin to run on the date when the Court of Criminal Appeals grants the Motion, if it does so.TEX.R.APP.P.4.5(d).
C. PRAYER For these reasons, Appellant asks the Court to grant an extension of time to file the Petition for Review.
*3 Pursuant to FED. R. APP. P. 25 A, Appellant provides this certificate of service in the form required by:
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CERTIFICATE OF SERVICE * * * * * * * * * ** * * * * * * * * ** * * * * * * * *
This is to certify that a true and correct copy of the foregoing MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW ; TEX.R.APP.P.4.5(c)(3) , was sent Electronically Via EFC to the following counsel of record on September 3, 2015 the day it was filed.
LUIS V. SAENZ, Cameron County District Attorney’s Office, 964 E. Harrison, Brownsville, Texas 78520. Phone (956) 544-0849. Fax (956) 544-0869. Email:
district.attorney@co.cameron.tx.us *4 Pursuant to 5th Cir. R. 32.2.7(c), the undersigned certifies this brief complies with he type-volume limitations of 5th Cir. R. 32.2.7(b):
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CERTIFICATE OF COMPLIANCE * * * * * * * * * ** * * * * * * * * ** * * * * * * * * 1. This brief complies with the type-volume limitation of FED. R. APP. P.
32(a)(7)(B) because: this brief contains 741 words, excluding the parts of the brief exempted by FED. R. APP. P. 32(a)(7)(B)(iii) .
2. This brief uses a monospaced typeface and contains 152 lines of text,
excluding the parts of the brief exempted by FED. R. APP. P.
32(a)(7)(B)(iii). This brief complies with the typeface requirements of FED. R. APP. P.
32(a)(5) and the type style requirements of FED. R. APP. P. 32(a)(6) because:
this brief has been prepared in a proportionally spaced typeface using Word Perfect X6 in Times New Roman in font size 14pt.
The undersigned understands a material misrepresentation in completing this certificate, or circumvention of the type-volume limits in 5th CIR. R.
32.2.7, may result in the court’s striking the brief and imposing sanctions against the person signing the brief.