Garza, Benito ( 2015 )

PD-1102-15
Benito Garza #1957561
3001 S. Emily Dr.
Beeville, TX 78102
November 4,2015
RE; Motion to extend time ofr State's response due to delayed
service.
Dear Honorable Clerk,
Please find my motion to extend time for the State to file a
response to my Petition for Discretionary Review. The address
mixup prevented the Prosecutor from getting a copy of my Petition.
As stated in the motion I have resent the copy of the Petition to
the State Prosecutor along with a copy of the motion to extend
time. My lawyer did not give me "any" information regarding the
specifics of filing a PDR.. All he told me was that I could file
a petition. I hope this has not caused undue delay or prejudiced
my Petition in any way. Thank you for your time ^S^g^r^jteb^nitdn
this matter. COURT OF CRMNAL APPEALS
JjOy O9 2015
Sincerely
NO.PD-1102-15
BENITO GARZA §
(Appellant/Petitioner) IN THE COURT OF
§
V. CRIMINAL APPEALS
§
THE STATE OF TEXAS OF TEXAS, AUSTIN
(Appellee/Respondent) §
PETITIONER'S MOTION TO EXTEND RESPONDENT'S TIME
FOR FILING A REPLY TO THE PETITION FOR DISCRETIONARY REVIEW
DUE TO DELAYED SERVICE
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, Benito Garza, Petitioner pro se and humbly moves
this Court to Extend the time for the State Prosecutors reply
due to delayed service. And in support would show the following:
On October 26,2015 The Petition for Discretionary Review was
put in the prison mail. In addition a copy was forwarded to the
State Prosecutor as required by T.R.A-P.Rule 68.11 and 9.5. On
Tuesday the 3rd day of November, the letter mailed to the prosecu
tor was returned as undeliverable as addressed (Letter enclosed).
The address on the envelope is the address taken from the Vernon's
Tex.Rules of Appellate Procedure in the unit :law library. The
"directories" have just recently been replaced so the "new"
address was located. The Prosecutor's copy of the Petition for
Discretionary Review along with a copy of this letter has been
resubmitted through the prison mailroom.
RE-CERTIFICATION OF SERVICE
I hereby certify that a true and.correct copy of the Petition
for Discretionary Review has been sent postage prepaid through the
unit Mtilroom postage prepaid first class mail on Novemeber 4,2015,
WHEREFORE PREMISES CONSIDERED, Petitioner humbly prays this
Court will extend the time for the State to file a response by
10 days to compensate for the delayed service from a outdated
address to the State Prosecuting Attorney.
Respectfully submitted,
3 Benito
yW^Garza
-"^
f/
INMATE DECLARATION
I Benito Garza due swear under penalty of perjury that the
foregoing facts are true and correct and that this motion is
presented in good faith and not for delay. I am a Offender at
the McConnell Unit in Beeville, TX, Bee County.
On this 4th
Ith day of
or November, 2015
/uid
Benito Garza (y
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this motion
to extend the State's time to file a response has been sent to
the State Prosecuting Attorney,Lisa C Mcminn at P.O. Box 13406
Austin ,TX 78711-3046 postage prepaid first Class mail through the
prison mailroom on this 4th day of November 2015^.
Tits?J) "
Benito Garza