Ramirez, Albert ( 2015 )

PD-1274-15
PD-1274-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/24/2015 5:19:43 PM
Accepted 9/30/2015 11:31:49 AM
ABEL ACOSTA
IN THE CLERK
COURT OF CRIMINAL APPEALS
OF TEXAS
ALBERT RAMIREZ, §
Appellant § Eighth Court of Appeals
§ No. 08-11-00298-CR
vs. § Appeal from the 171st
§ Judicial District Court
§ of El Paso County, Texas
THE STATE OF TEXAS, § TC No. 20090D03210
Appellee §
MOTION FOR EXTENSION OF OUT OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW the El Paso County Public Defender's Office, counsel for the
Appellant herein, and files this motion for an extension of 60 days for Appellant to
file his Petition for Discretionary Review. In support of this motion, counsel
would show the Court the following:
I.
The Appellant was tried by a Jury before the 171ST District Court, the
Honorable Bonnie Rangel presiding, in Cause No. 20090D03210 Styled The State
of Texas v. ALBERT RAMIREZ, and convicted of the offense of Aggravated
September 30, 2015
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Sexual Assault of a Child, an Adult Felony. He was subsequently sentenced by the
Court to 99 years TDC, Institutional Division - TDCJ on October 5th, 2011.
II.
The deadline for filing the Appellant’s Petition for Discretionary Review is
September 25th, 2015.
III.
Appellant requests a 60-day extension of time to file his Petition for
Discretionary Review herein.
IV.
This is the Appellant’s first such request for an extension of time.
V.
Appellant’s request for an extension is bases upon the following facts:
1. The El Paso County Public Defender’s Office represented Appellant on
his direct appeal through the 8th Court of Appeals.
2. The Public Defender’s Office received the 8th Court of Appeals opinion
dated August 26th, 2015, and sent Appellant a copy of same along with a
letter outlining his options to pursue appellate relief. In compliance with
Texas Rule of Appellate Procedure 48.4, a copy of that letter was filed
with the 8th Court of Appeals.
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3. Appellant will retain another attorney to continue the appeal of his
conviction.
4. Thus, in order to adequately discharge his responsibilities to Appellant
herein, the undersigned Counsel respectfully requests a 60-day extension
of time for Appellant to properly prepare and present Appellant’s Petition
for Discretionary Review herein.
WHEREFORE, the undersigned counsel prays that the Court grant this
Motion and extend the deadline for filing the Appellant’s Petition for Discretionary
Review to November 24th, 2015.
Respectfully submitted,
EL PASO COUNTY PUBLIC DEFENDER
BY: /s/NICHOLAS C. VITOLO
NICHOLAS C. VITOLO
First Assistant Public Defender
SBN 24084526
500 E. San Antonio, Room 501
El Paso, TX 79901
(915) 546-8185, FAX 546-8186
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STATE OF TEXAS §
§
COUNTY OF EL PASO §
BEFORE ME, the undersigned authority, appeared NICHOLAS C. VITOLO
on the 24th day of September, 2015 and who, being by me duly sworn, did depose
and state on his oath:
“My name is NICHOLAS C. VITOLO. I am the
Attorney for Appellant in the above styled and
numbered document and the above stated facts are true
and correct and within my personal knowledge.”
/s/NICHOLAS C. VITOLO
NICHOLAS C. VITOLO
SUBSCRIBED AND SWORN TO BEFORE ME on this the 24th day of
September, 2015.
/s/Margarita S. Martinez
NOTARY PUBLIC
STATE OF TEXAS
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CERTIFICATE OF SERVICE
I, NICHOLAS C. VITOLO, hereby certify that a true and correct copy of the
foregoing instrument has been hand-delivered to the District Attorney’s Office,
500 E. San Antonio St., Room 201, El Paso, Texas 79901, mailed to the State
Prosecuting Attorney, P.O. Box 12405, Austin, Texas 78711, and mailed to the
Appellant ALBERT RAMIREZ, TDCJ No. 01750283, Alfred Hughes Unit, RT. 2
Box 4400, Gatesville, TX 76597, on this the 24th day of September, 2015.
/s/NICHOLAS C. VITOLO
NICHOLAS C. VITOLO
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