Case Information
*1 PD-0071-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/16/2015 11:53:22 AM Accepted 1/22/2015 12:11:19 PM ABEL ACOSTA No. 04-13-00754-CR CLERK TO THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS JOSE ANGEL FLORES, JR., Appellant v.
THE STATE OF TEXAS, Appellee
Appeal from Guadalupe County * * * * *
STATE’S MOTION TO EXTEND TIME FOR FILING ITS PETITION FOR DISCRETIONARY REVIEW * * * * *
Lisa C. McMinn State Prosecuting Attorney Bar I.D. No. 13803300 Stacey M. Goldstein Assistant State’s Attorney Bar I.D. No. 24031632 P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512-463-1660 (Telephone) 512-463-5724 (Fax) *2 No. 04-13-00754-CR TO THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS JOSE ANGEL FLORES, JR., Appellant v.
THE STATE OF TEXAS, Appellee
* * * * * STATE’S MOTION TO EXTEND TIME FOR FILING ITS PETITION FOR DISCRETIONARY REVIEW * * * * *
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The State Prosecuting Attorney respectfully submits its motion to extend the time for filing its Petition for Discretionary Review.
Pursuant to Rule of Appellate Procedure 68.2(c), the State moves to extend the time for filing its petition until February 15, 2015—30 days after the current due date of January 16, 2015. No previous motions to extend the deadline for filing have been filed. This is a mandatory blood-draw case that will be controlled by the Court’s ruling on the pending motion for rehearing in State v. Villarreal , No. PD-0306-14. *3 Given the unique procedural circumstances implicated here, counsel believes that the interests in judicial economy warrant granting an extension so that it can be determined whether the filing of a petition for discretionary review is necessary. Additionally, counsel needs additional time to review the record and draft the petition.
WHEREFORE, the State prays that its motion to extend the time for filing its petition for discretionary review until February 15, 2015, be granted.
Respectfully submitted, Lisa C. McMinn State Prosecuting Attorney Bar I.D. No. 13803300 /s/ STACEY M. GOLDSTEIN Assistant State Prosecuting Attorney Bar I.D. No. 24031632 P.O. Box 13046 Austin, Texas 78701 information@spa.texas.gov 512-463-1660 (Telephone) 512-463-5724 (Fax) *5 CERTIFICATE OF SERVICE A copy of the State’s Motion to Extend the Time for Filing its Petition for Discretionary Review has been served on January 16, 2015, via certified electronic service provider to:
Hon. Christopher M. Eaton
Guadalupe County Attorney’s Office
211 West Court Street, 3rd Floor
Seguin, Texas 78155
chris.eaton@co.guadalupe.tx.us
Hon. Susan Schoon
Zamora & Schoon, PLLC
118 S. Union Avenue
New Braunfels, Texas 78130
sschoon@zslawoffice.com
/s/ STACEY M. GOLDSTEIN Assistant State Prosecuting Attorney