Long, Christopher ( 2015 )

PD-0259-15
PD-0259-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/9/2015 4:50:45 PM
Accepted 3/10/2015 10:32:39 AM
PDR#: TO BE ASSIGNED ABEL ACOSTA
CLERK
COURT OF APPEALS NUMBER 13-13-00579-CR
IN THE COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
CHRISTOPHER LONG,
APPELLANT,
v.
March 10, 2015 STATE OF TEXAS,
APPELLEE.
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, APPELLANT, CHRISTOPHER LONG'S COURT
APPOINTED COUNSEL FOR DIRECT APPEAL, and files this motion to
request that the time for filing a Petition for Discretionary Review in this
cause be extended by 90 days and as reasonable explanation for the
extension, would show the following:
I.
Appellant's Motion for Rehearing in this cause was denied by the 13th
Court of Appeals, on or about, February 6, 2015. Appellant's Petition for
Discretionary Review is due on, or about, March 9, 2015.
II.
This extension is not sought for purposes of delay. The undersigned,
is Appellant's court appointed attorney for direct appeal and requests that
Appellant be granted an additional 90 days to file a PDR due to the
following. The undersigned has been unable to find a current mailing
address for Appellant. The undersigned has therefore been unable to inform
Appellant that he may file a Petition for Discretionary Review (PDR) with
the Court of Criminal Appeals, but also, that he is not entitled to a court
appointed lawyer to file a PDR for him.
III.
The undersigned respectfully requests that the Court extend the time
for filing a Petition for Discretionary Review in order that the undersigned
can provide notice to, and opportunity for, Appellant to review the record
more extensively, hire an attorney (if possible) to assist with the preparation
of a Petition for Discretionary Review, or prepare and file a Petition for
Discretionary Review pro se.
Due to the foregoing, the undersigned respectfully requests a 90 day
extension for filing of the Petition for Discretionary Review and to allow the
Appellant to continue pursuing this appeal.
IV.
There has been no previous request for extension.
v.
The undersigned has conferred with the State regarding this motion
and the State is not opposed to this request.
WHEREFORE, Appellant requests the Court of Criminal Appeals
extend the time for filing Appellant's Petition for Discretionary Review, and
for such other and further relief to which the undersigned is justly entitled.
Respectfully submitted,
LUIS A. MARTINEZ, P.C.
209 W. Juan Linn
P.O. Box410
Victoria, Texas 77902-0410
(361) 676-2750 (Telephone)
(361) 575-8454 (Telefax)
Email:
Lamvictoriacounty@gmail.com
Luis A. · artinez
State Bar No. 2401021
CERTIFICATE OF SERVICE
This is to certify that a true, correct and complete copy of the
foregoing instrument has been served the attorney(s) in this cause on the 9th
day of March, 2015.
Via Email:
THE HON. ROB LASSMAN
Attorney for Appellee (On Appeal)
De Witt County Assistant District Attorney
DeWitt County Courthouse
115 N. Gonzalez
Cuero, Texas 77954
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF \J ;c\-o;l l\ §
BEFORE ME, the undersigned Notary Public, on this day personally
appeared LUIS A. MARTINEZ, who being by me duly sworn, on his oath deposed
and said that he is the attorney in the above-entitled and numbered cause of action
and has read the forgoing motion, and the facts stated therein are within his
personal knowledge and are true and corr ct.
SUBSCRIBED AND SWORN TO BEFORE ME, on the q~ day of
N\liCJ\. , 2015_, to certify which witness my hand and official seal.
e BRIE HANCHm . ~.i'f:t~
No:ry Publlc, Stele of Texas
Y Commleslon Expires
JULY 80, 2018
i
NOTARY P :C in and for the
STATE OF TEXAS