Vargas, Victor James ( 2015 )

No. _____________ PD-0229-15
__________________________________________
IN THE TEXAS COURT OF CRIMINAL APPEALS
_______________________________________
VICTOR VARGAS
Appellant,
v.
February 27, 2015
THE STATE OF TEXAS
Appellee.
_____________________________________________________
On review from the Court of Appeals for the
Eleventh Judicial District at Eastland, Texas
_________________________________________________________________
MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
_________________________________________________________________
TO THE HONORABLE JUDGES OF THIS COURT:
Under Rules 10.5(b) and 68.2(c) of the Texas Rules of Appellate Procedure,
Victor Vargas, Appellant in the above cause, through his attorney of record, files this
motion for an additional two (2) days to file a Petition for Discretionary Review in this
cause. In support of this motion, Appellant respectfully shows the Court as follows:
1. On November 20, 2014, the Court of Appeals for the Eleventh District in
Eastland, Texas issued its decision in the above appeal, in Vargas v. State, Cause 11-14-
00283-CR. Subsequently, Appellant filed a motion for rehearing, which the court
overruled on January 27, 2015.
2. The normal deadline for filing a petition for discretionary review of the Court of
Appeals’ decision in this case was February 23, 2015.
3. Appellant requests additional time to file the petition for discretionary review in
this case because due to a clerical error in undersigned counsel’s office, the petition was
inadvertently filed in the Eleventh Court of Appeals, instead of this Court. See Exhibit A,
email confirmation of filing (which would have been timely).
4. Should the Court deny this motion Appellant will be denied the effective
assistance of counsel.
5. This Court has not granted—nor has Appellant requested—previous extensions
in the time to file a petition for discretionary review in this case.
6. It was merely by inadvertence that the petition was not timely filed, in the
correct court.1
7. The additional time requested by Appellant will not prejudice or inconvenience
the State in any manner, nor will the time for resolution of this case be unduly delayed by
granting additional time in which to file the Petition for Discretionary Review.
8. The petition will be simultaneously filed along with the filing of this request for
extension of time.
1
See Houser v. McElveen, 243 S.W.3d 646, 647 (Tex. 2008) (emphasis added) (explaining that extension of time should be
granted if “any plausible statement of circumstances indicating that failure to file within the [specified] period was not deliberate
or intentional, but was the result of inadvertence, mistake, or mischance.”).
PRAYER FOR RELIEF
Therefore, Appellant respectfully requests that the Court issue an order granting an
additional two (2) days time to allow him to file his Petition for Discretionary Review in
the above case.
Respectfully submitted,
_________________________
Frank Sellers
Texas Bar No. 24080305
HURLEY, GUINN & SELLERS
1805 13th Street
Lubbock, Texas 79401
P: 806.771.0700
F: 806.763.8199
E: frank@hurleyguinn.com
Attorneys for Appellant
Certificate of Service
Pursuant to TEX. R. APP. P. 9.5(d), a copy of the foregoing was served on opposing
counsel via facsimile on February 25, 2015.
_________________________
Frank Sellers
Exhibit A
Marina Medrano
eFileTexas.gov - Filing Submitted - 4252791
1 message
No-Reply@efiletexas.gov Mon, Feb 23, 2015 at 4:44 PM
To: marina@hurleyguinn.com
Filing Submitted
Envelope Number: 4252791
The filing below has been submitted to the clerks office for review. Please allow up to 24 business hours for clerk
office processing.
Filing Details
Court Courts of Appeals
Date/Time Submitted: 2/23/2015 4:42:35 PM
Filing Type: Petition for Discretionary Review
Activity Requested: EFile
Filed By: Marina Medrano
Fee Details
This envelope is pending review and fees may change.
Case Fee Information $3.34
Payment Service Fees $0.09
Provider Service Fees $3.00
Provider Tax Fees $0.25
Petition for Discretionary Review $0.00
Total: $3.34 (The envelope still has pending filings and the fees are subject to change)
Document Details
Lead File: Vargas PDR (final w bookmarks).pdf
Lead File Page Count: 254
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