Bautista, Valdemar ( 2014 )


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  •                                                                                   PD-1657-14
    PD-1657-14                                       COURT OF CRIMINAL APPEALS
    AUSTIN, TEXAS
    Transmitted 12/19/2014 7:26:58 AM
    Accepted 12/29/2014 9:23:41 AM
    TO THE COURT OF CRIMINAL APPEALS OF TEXAS                                          ABEL ACOSTA
    CLERK
    No.____________
    _________________________________
    VALDEMAR BAUTISTA,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    _________________________________
    MOTION TO EXTEND TIME TO FILE PETITION
    FOR DISCRETIONARY REVIEW
    _________________________________________________________
    On Petition for Discretionary Review from the Court of Appeals for
    the Fourteenth District, Houston, Texas in Cause No. 14-13-00457-CR,
    Affirming an appeal from a judgment issued in Cause No. 11-05-13821-
    CR from the 506th District Court of Waller County, Texas.
    _________________________________________________________
    R. Scott Shearer
    December 29, 2014                                TBA No. 00786464
    929 Preston, Suite 200
    Houston, TX 77002
    (713) 254-5629
    (713) 224-2889 FAX
    ShearerLegal@Yahoo.com
    Attorney for Appellant
    December 19, 2014
    TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
    NOW COMES, VALDEMAR BAUTISTA, and files this Motion To Extend
    Time To File Petition For Discretionary Review. In support of this motion, he would
    respectfully show the Court the following:
    I.
    In a PUBLISHED opinion delivered November 20, 2014, a panel of the Fourteenth
    Court of Appeals AFFIRMED Appellant’s appeal from a judgment of conviction for
    continuous sexual abuse of a child by the 506th District Court of Waller County. Appellant
    did not file a motion for rehearing. Appellant’s Petition for Discretionary Review is due on
    December 19, 2014. This motion to extend time to file petition for discretionary review is
    timely filed within thirty days after the court of appeals issued its opinion or overruled
    Appellant’s Motion for Rehearing or within fifteen days of said deadline. See TEX. R. APP.
    PROC. 68.2.
    II.
    Appellant is requesting additional time to file the petition for discretionary review.
    More time is necessary to research the issues involved.
    III.
    Appellant asserts that this motion is not made solely for purposes of delay and that
    the granting of this motion will not prejudice the rights of the State.
    IV.
    Appellant is therefore requesting a thirty [30] day extension so that his Petition may
    be timely filed.
    WHEREFORE, PREMISES CONSIDERED, Appellant prays that the
    Honorable Court of Criminal Appeals will grant his Motion To Extend Time To File
    Petition For Discretionary Review.
    Respectfully submitted,
    /s/R. SCOTT SHEARER
    R. Scott Shearer
    TBA No. 00786464
    929 Preston, Suite 200
    Houston, TX 77002
    (713) 254-5629
    (713) 224-2889 FAX
    ShearerLegal@Yahoo.com
    Attorney for Appellant
    December 19, 2014
    CERTIFICATE OF SERVICE
    I certify that a copy of this Motion has been served upon the State of Texas by e-
    mailing a copy of same to the following parties at the following addresses on this the 19th
    day of December, 2014:
    LAURIE SELLERS. A.D.A.
    WALLER COUNTY DISTRICT ATTORNEY
    645 12TH STREET
    HEMPSTEAD, TX 77445
    /s/R. SCOTT SHEARER
    R. Scott Shearer
    

Document Info

Docket Number: PD-1657-14

Filed Date: 12/29/2014

Precedential Status: Precedential

Modified Date: 9/28/2016