Case Information

*1 PD-0481-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/28/2015 10:08:15 AM Accepted 5/28/2015 3:58:35 PM ABEL ACOSTA NO. PD-0481-15 CLERK COURT OF CRIMINAL APPEALS OF TEXAS

RUBEN GARCES, Appellant

v.

THE STATE OF TEXAS, On Appeal from the 118 th District Court

of Glasscock County, Texas

Cause No. 432 (Hon. D. Timothy Yeats)

and

NO. 11-13-00085-CR

from THE COURT OF APPEALS FOR THE ELEVENTH JUDICIAL DISTRICT

EASTLAND, TEXAS APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Counsel for Appellant Garces initiated a draft envelope for filing the PDR in the instant cause with efiletexas.gov prior to midnight on the 27 day of May, 2015, the extended due date, but his computer froze and counsel had to re-open it. *2 Consequently, the envelope reflects filing at twenty-four (24) seconds after midnight on May 28, 2015.

Accordingly, counsel comes hat in hand and prays for a one (1) day extension, which would make the Petition for Discretionary Review due on May 28, 2015. This is the second extension request for filing Appellant’s Petition for Discretionary Review. (P.S. The draft envelope for the PDR reflects only service to the State Prosecuting Attorney, but the undersigned e-mailed it to the Glasscock County D.A. at hardy.wilkerson@howardcountytx.com.)

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court enters an order extending the deadline for filing his Petition for Discretionary Review for one (1) day.

Respectfully Submitted,

FREDERICK DUNBAR

GALBREATH LAW FIRM

rick@galbreathlawfirm.com

Texas Bar No. 24025336

4542 Loop 322

Suite 102

Abilene, Texas 79602

Telephone: 325/437.7000

Facsimile: 325/437.7007

CERTIFICATE OF SERVICE

*3 I hereby certify that on this 28 day of May, 2015, a true and correct copy of the above and foregoing was forwarded all counsel of record in a manner consistent with the requirements of the law.

/s/Rick Dunbar________________ Rick Dunbar

CERTIFICATE OF COMPLIANCE

According to the word count of the undersigned’s word processor, this document has 308 words. This document in therefore compliant.

Rick Dunbar

[2]