Garces, Ruben Montes ( 2015 )

PD-0481-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/28/2015 10:08:15 AM Accepted 5/28/2015 3:58:35 PM ABEL ACOSTA NO. PD-0481-15 CLERK COURT OF CRIMINAL APPEALS OF TEXAS RUBEN GARCES, Appellant v. THE STATE OF TEXAS, On Appeal from the 118th District Court of Glasscock County, Texas Cause No. 432 (Hon. D. Timothy Yeats) and May 28, 2015 NO. 11-13-00085-CR from THE COURT OF APPEALS FOR THE ELEVENTH JUDICIAL DISTRICT EASTLAND, TEXAS APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE COURT OF CRIMINAL APPEALS: Counsel for Appellant Garces initiated a draft envelope for filing the PDR in the instant cause with efiletexas.gov prior to midnight on the 27th day of May, 2015, the extended due date, but his computer froze and counsel had to re-open it. Consequently, the envelope reflects filing at twenty-four (24) seconds after midnight on May 28, 2015. Accordingly, counsel comes hat in hand and prays for a one (1) day extension, which would make the Petition for Discretionary Review due on May 28, 2015. This is the second extension request for filing Appellant’s Petition for Discretionary Review. (P.S. The draft envelope for the PDR reflects only service to the State Prosecuting Attorney, but the undersigned e-mailed it to the Glasscock County D.A. at hardy.wilkerson@howardcountytx.com.) PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court enters an order extending the deadline for filing his Petition for Discretionary Review for one (1) day. Respectfully Submitted, /s/Rick Dunbar________________ FREDERICK DUNBAR GALBREATH LAW FIRM rick@galbreathlawfirm.com Texas Bar No. 24025336 4542 Loop 322 Suite 102 Abilene, Texas 79602 Telephone: 325/437.7000 Facsimile: 325/437.7007 CERTIFICATE OF SERVICE 2 I hereby certify that on this 28th day of May, 2015, a true and correct copy of the above and foregoing was forwarded all counsel of record in a manner consistent with the requirements of the law. /s/Rick Dunbar________________ Rick Dunbar CERTIFICATE OF COMPLIANCE According to the word count of the undersigned’s word processor, this document has 308 words. This document in therefore compliant. /s/Rick Dunbar________________ Rick Dunbar 3