Luna, Eleazar ( 2015 )

PD-1255&1256&1257-15
PD-1255&1256&1257-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/22/2015 12:29:08 PM
Accepted 9/24/2015 2:46:31 PM
ABEL ACOSTA
Nos. PD-_____-15, PD-_____-15, and PD-_____-15 CLERK
_______________________________________________________________
IN THE TEXAS COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
_______________________________________________________________
ELEAZAR LUNA, Appellant
September 24, 2015 v.
THE STATE OF TEXAS
_______________________________________________________________
APPELLANT’S MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW
_______________________________________________________________
TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL
APPEALS:
Comes now, Eleazar Luna, Appellant in the above styled and numbered
causes and pursuant to TEX. R. APP. P. 10.5(b) and 68.2(c) files this motion for
extension of time to file Appellant’s Petitions for Discretionary Review and would
show this Honorable Court the following:
I.
On July 16, 2015, a panel of the Thirteenth Court of Appeals handed down a
decision affirming Luna’s three convictions for the offenses of indecency with a
child in cause numbers 13-14-00367-CR, 13-14-00368-CR, and 13-14-00369-CR.
Luna v. State, 2015 WL 4381353 (Tex. App. – Corpus Christi 2015). A motion for
rehearing was timely filed and denied by the Court of Appeals on September 3,
2015. Luna’s petitions for discretionary review are due on October 5, 2015.
II.
Luna seeks a 30 day extension of the current deadline in which to file his
petitions for discretionary review. This request is based on the following facts
which prevent counsel for Appellant from preparing the petitions for discretionary
review by the current deadline:
Counsel cannot meet the current deadline and needs a 30 day extension
because the record on appeal is voluminous and comprised of ten volumes. Since
rehearing was denied, counsel for appellant has been working on an applicant’s
findings of fact, conclusions of law, and objections to the trial court’s findings and
conclusions as ordered by the Court of Criminal Appeals on March 4, 2015, in Ex
parte Christopher Wimberly, No. WR-64,017-05 (Tex. Crim. App. 2015). Counsel
has also been working on an appellant’s brief which is on first extension in Isreal
Reyes, Sr. v. State of Texas, No. 03-15-00233-CR, in the Third Court of Appeals.
Finally, undersigned counsel plans to be out of the office and out of town on a
family trip from September 28, 2015, to October 4, 2015. Filing of the petitions
for discretionary review cannot be accomplished by the current deadline while still
effectively representing appellant on discretionary review in this Court.
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III.
This is the first request for an extension to file Luna’s petitions for
discretionary review.
PRAYER
Appellant requests this Court grant the motion and extend the time to file his
petitions for discretionary review up to and including November 4, 2015.
Respectfully submitted,
/s/Richard E. Wetzel
Richard E. Wetzel
Bar No. 21236300
1411 West Avenue, Suite 100
Austin, Texas 78701
(512) 469-7943
(512) 474-5594 – fax
wetzel_law@1411west.com
Attorney for Appellant
Eleazar Luna
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this pleading was mailed to
counsel for the State of Texas, Assistant District Attorney Robert Lassmann at the
DeWitt County Courthouse, Cuero, Texas, 77954, on this the 22nd day of
September, 2015.
/s/Richard E. Wetzel
Richard E. Wetzel
Bar No. 21236300
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