Acosta, Genaro Galvan Jr. ( 2015 )

PD-0967-15
PD-0967-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/27/2015 11:55:55 AM
July 28, 2015 Accepted 7/28/2015 2:48:41 PM
ABEL ACOSTA
NO. PD-_________________ CLERK
GENERO GALVAN ACOSTA, JR. § IN THE COURT OF
Appellant
vs. § CRIMINAL APPEALS
THE STATE OF TEXAS, § AUSTIN, TEXAS
Appellee
MOTION FOR EXTENSION OF
TIME TO FILE APPELLEE’S PETITION
FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Now comes, The State of Texas, appellee in the instant cause, by and
through undersigned counsel, Edward F. Shaughnessy, and files this
Appellee’s Motion for Extension of Time to File Appellee’s Petition for
Discretionary Review. In support of the instant motion the Appellee would
show unto this Court the following:
A.
The appellant was charged by way of indictment in Bee County with
the offense of Possession of Marihuana ( 5 to 50 pounds) in cause number
L13-0096-CR-B. The appellant was convicted by a jury and sentenced by
the Court to twelve years of confinement in the Texas Department of
Criminal Justice. An appeal was pursued, by the appellant to the Court of
Appeals, Thirteenth District, Corpus Christi. On July 9, 2015 that Court
reversed the judgment of the trial court and rendered judgment of acquittal
after finding that the evidence was legally insufficient to support the
judgment of conviction. The appellee’s Petition for Discretionary Review is
due to be filed in this Court on or before August 10, 2015. The appellee
would respectfully request a thirty-day extension of time to file the
Appellee’s Petition for Discretionary Review with this Court. No previous
requests for an extension of time have been sought in this matter.
B.
The undersigned has recently filed briefs in the following matters:
Jordan Lewis v. The State of Texas, Cause No. 01-14-00557-CR; and Felix
Villarreal v. The State of Texas, Cause No. 13-15-00014-CR.
C.
The undersigned is also in the process of preparing for trial as a
Prosecutor pro tem in two capital murder cases pending in the 290th District
Court. Those cases are The Stat of Texas v. Conrad Ochoa, Cause no. 2013-
CR-0560-B and The State of Texas v. Baron Ochoa, Cause no. 2013-CR-
0560A.
D
Counsel appeared in the 290th District Court of Bexar County on July
20th, 2015 on the Capital Murder case of The State of Texas v. James Garza,
Cause Number 2009-CR-12648A for purposes of resentencing.
E.
In addition the undersigned serves as a part-time Criminal law
Magistrate for the District Courts of Bexar County and as a Juvenile Referee
for the Juvenile Courts of Bexar County. Counsel will be serving in those
capacities during the upcoming days.
F.
Undersigned counsel will be out of the country from July 28, 2015
through August 9, 2015.
PRAYER FOR RELIEF
Wherefore premises considered, the Appellee would request an
extension of time file the Appellee’s Petition for Discretionary Review in the
instant case until September 9 , 2015.
Respectfully submitted,
/S/____________________
Edward F. Shaughnessy, III
Attorney for the Appellee
206 East Locust Street
San Antonio, Texas 78212
SBN: 18134500
Phone: (210) 212-6700
Fax: (210) 212-2178
Shaughnessy727@gmail.com
CERTIFICATE OF SERVICE
I, Edward F. Shaughnessy, hereby certify that a copy of the instant
motion was served upon Travis Berry, attorney for the appellant, by mailing
the motion to P.O. Box 6333, Corpus Christi, Texas 78466, on the _24_ day
of July, 2015.
/S/______________________
Edward F. Shaughnessy, III
Attorney for the Appellee