Medina-Gonzalez, Marco Polo

PD-1661-14
COURT OF CRIMINAL APPEALS
PD-1661-14 AUSTIN, TEXAS
December 29, 2014 Transmitted 12/19/2014 6:04:03 PM
Accepted 12/29/2014 11:13:38 AM
ABEL ACOSTA
CLERK
NO. ___________________
MARCO POLO § IN THE COURT OF
MEDINA-GONZALEZ §
§
VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
MOTION TO EXTEND TIME TO
FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes Marco Polo Medina-Gonzalez, Appellant in the above styled
and numbered cause, and moves for an extension of time of 90 days to file a
petition for discretionary review, and for good cause shows the following:
1. On November 20, 2014, the Court of Appeals affirmed appellant's
conviction. Marco Polo Medina-Gonzalez v. State, 10-13-00394-CR. This
petition is therefore due on December 20, 2014.
2. Counsel has been unable to complete the petition for the following
reasons:
In addition to Appellate Counsel’s regular solo practice, he had an appellate
brief due December 15, 2014 in the Thirteenth Court of Appeals for the State of
Texas. The record consisted of more than 800 pages for this appeal -- No.
13-14-00031-CR, State of Texas v. Aaron Anthony Torres--in which the defendant
was convicted of: 1 count continuous sexual abuse of a child, 3 counts aggravated
sexual assault of a child, and 4 counts indecency with a child by contact.
Additionally
3. Appellant request an extension of ninety (90) days to file his
petitioner and submits the following as the reason for such request:
a) The Holidays
b) Appellate Counsel currently has the following court settings:
a. Jury trial beginning 1/12/2015 in United State v. Andrew
Toliver, cause number W-14-CR-258, in the Western District of
Texas Waco Division, wherein the Defendant is charged with
Possession of a Controlled Substance.
b. Jury trial beginning 1/13/2015 in State v. Lamar Sterling, in the
19th District Court of McLennan County, wherein Defendant is
charged with:
i. Tampering with Physical Evidence, cause number
2014-1268-C1;
ii. Possession of Controlled Substance, cause number cause
number 2013-567-C1;
iii. Possession of Controlled Substance in a drug free zone,
cause number 2013-2117-C1.
c. 1/21/2015-1/26/2015 CLE seminar 2015 National Appellate
Defense & Persuasive Writing Skills Institute with the National
Legal aid & Defender Association.
d. 2/3/2015 priority jury trial beginning in State v. Ronny
Standifer, cause number 2013-122-C1 in the 19th District Court
of McLennan County, Texas wherein Defendant is charged
with Aggravated Assault.
e. 2/23/2015 jury trial beginning in State v. Mekamie Olivarez,
cause number 2014-521-C2 in the 54th District Court of
McLennan County, Texas where Defendant is charged with
Possession of Controlled Substance.
f. 2/24/2015 jury trial beginning in State v. Willie Lloyd in the
19th District Court of McLennan County where Defendant is
charged with:
i. Theft of Service cause number 2013-1295-C1
ii. Theft by Check cause number 2012-1861-C1
g. 2/24/2015 jury trial beginning in State v. Tina Johnson Fox
where Defendant is charged by Theft in cause number
2014-1239-C1 in the 19th District Court.
h. 2/15/15-2/18/15 Appellate Counsel serves as the Presiding
Judge of the Marlin Municipal Court and is expected to attend
the annual mandatory judge’s seminar with the TMCEC.
4. Appellant is currently incarcerated.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests an extension of 90 days, i.e. until March 21, 2015, to file a petition for
discretionary review.
Respectfully submitted,
Law Office of Denton B. Lessman
100 N. 6th Street, Ste. 702
Waco, TX 76701
Tel: (254) 776-4544
Fax: (254) 776-4551
Digitally signed by Denton B. Lessman
DN: cn=Denton B. Lessman, o=Law
Office of Denton B. Lessman, ou,
email=DLessmanAtty@aol.com, c=US
Date: 2014.12.19 18:00:06 -06'00'
By:
Denton B. Lessman
State Bar No. 24042474
DLessmanAtty@aol.com
Attorney for Marco Polo
Medina-Gonzalez
CERTIFICATE OF SERVICE
This is to certify that on December 19, 2014, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office,
McLennan County, Texas, by electronic service through the Electronic Filing
Digitally signed by Denton B.
Lessman
Manager. DN: cn=Denton B. Lessman, o=Law
Office of Denton B. Lessman, ou,
email=DLessmanAtty@aol.com, c=US
Date: 2014.12.19 18:00:18 -06'00'
Denton B. Lessman