Narrative Opinion Summary
The case involves an appellant seeking a 30-day extension for filing petitions for discretionary review in the Texas Court of Criminal Appeals. Following the Thirteenth Court of Appeals' affirmation of the appellant's convictions for indecency with a child, and the denial of a motion for rehearing, the appellant's original deadline for filing petitions was set for October 5, 2015. Counsel for the appellant, citing a voluminous ten-volume record and obligations in another case, Ex parte Christopher Wimberly, as well as the preparation of an appellant's brief in a different matter and an upcoming family trip, requested an extension to November 4, 2015. This request represents the first extension sought by the appellant. The attorney certified compliance with procedural requirements by sending a copy of the motion to the State's counsel. The decision on this motion will determine whether the appellant can adequately prepare and submit his petitions within the extended timeframe.
Legal Issues Addressed
Grounds for Extension Requestsubscribe to see similar legal issues
Application: The appellant's counsel cited the large volume of the trial record and conflicting professional obligations as grounds for requesting an extension.
Reasoning: Luna’s counsel cites the voluminous record of ten volumes and ongoing obligations to prepare findings and objections related to a separate case, Ex parte Christopher Wimberly, as reasons for the extension.
Motion for Extension of Time to File Petitionssubscribe to see similar legal issues
Application: The appellant sought an extension for filing petitions for discretionary review due to a voluminous record and counsel's other obligations.
Reasoning: Eleazar Luna, the Appellant, filed a motion for a 30-day extension to submit his petitions for discretionary review in the Texas Court of Criminal Appeals.
Procedural History in Appealssubscribe to see similar legal issues
Application: The Thirteenth Court of Appeals affirmed the appellant's convictions and denied a subsequent motion for rehearing, establishing the procedural context for the extension request.
Reasoning: The request follows the Thirteenth Court of Appeals' decision on July 16, 2015, which affirmed Luna’s convictions for indecency with a child. A motion for rehearing was denied on September 3, 2015.