Case Information
*1 PD-1179-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/10/2015 6:52:58 PM Accepted 9/14/2015 2:35:54 PM ABEL ACOSTA PD No. __________ CLERK I N THE C OURT OF C RIMINAL A PPEALS
O F T EXAS
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On Petition for Discretionary Review
From the First Court of Appeals at Houston, Texas
Appeal No. 01-13-00946-CR
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On Appeal From the 248 District Court of Harris County, Texas Trial Court No. 1362831
______________________________ APPELLANT’S FIRST MOTION FOR EXTENSION IN TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW T O THE H ONORABLE J UDGE ’ S OF THE C OURT OF C RIMINAL PPEALS :
Now comes JULIO FRANCISCO GALVAN, Appellant herein, by and through his counsel of record, PATRICK F. McCANN, and moves this Honorable Court to grant him a ninety (90) day extension in time in which to submit a petition for discretionary review in this matter. In support of such motion, Appellant would respectfully show this Court the following:
The First Court of Appeals affirmed the judgment and sentence of the trial court in a memorandum opinion dated July 16, 2015.
Counsel of record has attempted to provide Appellant with a copy of the Court of Appeals opinion in this matter within the five (5) day period specified in the Texas Rules of Appellate Procedure, and to advise the Appellant of his right to petition this Court for discretionary review in this matter.
Due to the nature of the Appellant’s offense, prison officials have transferred Appellant on numerous occasions for his personal safety, and counsel is uncertain as to whether or when Appellant has received counsel’s correspondence containing the Court of Appeals opinion and information concerning Appellant’s right to petition this Court for discretionary review.
Appellant is Hispanic, and speaks no English.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Honorable Court will, in all things, this motion, and allow Appellant ninety (90) days from the date of this motion, up to and including Wednesday, December 9, 2015, in which to petition this Court for discretionary review in this *3 matter if he so desires, and that the Court further any additional relief to which the Appellant may be justly entitled.
DATED this 10 day of September, 2015.
Respectfully submitted, CERTIFICATE OF SERVICE
*4 I hereby certify that a true and correct copy of the above and foregoing have been duly served upon counsel for the State on this 10 day of September, 2015, by prepaid United States mail, addressed as follows: BBIE M ILES
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002