Knelsen, Ex Parte Anna ( 2015 )

PD-1566-15 PD-1566-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/3/2015 2:43:34 PM Accepted 12/4/2015 12:28:29 PM ABEL ACOSTA CLERK CAUSE NO. _________________ COURT OF CRIM INAL APPEALS AUSTIN, TEXAS ____________________________________________ COURT OF APPEALS NO. 08-13-00013-CR TRIAL COURT NO. 20060D02425-DCR-1 EX PARTE: ANNA KNELSEN ____________________________________________________________________ M OTION FOR AN EXTENSION OF TIM E TO FILE PETITION FOR DISCRETIONARY REVIEW ________________________________________________________________________ TO THE HONORABLE COURT OF CRIMINAL APPEALS: Petitioner, Anna Knelsen, files this Motion for Extension of Time to File Petition for Discretionary Review under Tex. R. App. P. 10.1, 10.5(b), and 53.7(f). In support of this motion, Petitioner shows the following: 1. The Eighth Court of Appeals in El Paso, Texas rendered its opinion and judgment in Ex Parte: Anna Knelsen, No. 08-13-00013-CR, on August 26, 2015, an extension of time to file motion for rehearing was filed on September 25, 2015, a motion for rehearing was filed on September 25, 2015 and denied on November 5, 2015. The petition for review due date for filing is due on December 5, 2015. Page 1 December 4, 2015 2. Petitioner requests an extension of time of thirty days, to January 5, 2016. This is Petitioner's first request for an extension of time in this case. 3. Petitioner relies on the following facts as a reasonable explanation for the requested extension of time: The undersigned, was appointed and is the second attorney in an appeal of a murder case styled The State of Texas v. Fidencio Valdez, AP-77,042 and has been working on this brief. He prepared for trial on a murder trial case styled The State of Texas v. Ricardo Macias, No. 20130D03635 which took a substantial amount of time. The undersigned also had to complete a Petition for Discretionary Review on filed on November 30, 2015 in a case styled Ex Parte Kerry G. Jones, PD-1373 & 1374 & 1375-15 ; and is currently working on two appeal briefs in the Eighth Court of Appeals in The State of Texas v. Frances Mutei and In the Interest of N.P.M., a Child, both due December 10 & 11, 2015. The undersigned has also been very busy with court hearings, client conferences and a conferences with investigators all of which have prevented him from writing the Petition for Review by the deadline of December 5, 2015, necessitating the filing of this extension request. Therefore, Petitioner prays that this Court grant this motion for extension of time. Page 2 Respectfully submitted, /s/ Jam es D . Lucas JAM ES D. LUCAS SBN 12658300 2316 M ontana Avenue El Paso, Texas 79903 Tel: (915) 532-8811 Fax: (915) 532-8807 Counsel for Petitioner jlucas2@ elp.rr.com CERTIFICATE OF SERVICE I, James D. Lucas, hereby certify that on the 3rd day of December, 2015, a true and correct amended copy of the foregoing instrument was delivered to the below-named individuals by electronic means: Jaime Esparza District Attorney El Paso County Courthouse 500 E. San Antonio, Room 201 El Paso, Texas 79901 tdarnold@ epcounty.com State Prosecuting Attorney P.O. Box 12405 Austin, Texas 78711 inform ation@ spa.texas.gov Dated this 3 rd day of December, 2015. /s/ Jam es D . Lucas JAM ES D. LUCAS Page 3