NO. PD-_________________

GENERO GALVAN ACOSTA, JR. § IN THE COURT OF 

Appellant

vs. § CRIMINAL APPEALS

THE STATE OF TEXAS, § AUSTIN, TEXAS

Appellee

MOTION FOR EXTENSION OF

TIME TO FILE APPELLEE’S PETITION

FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Now comes, The State of Texas, appellee in the instant cause, by and 

through undersigned counsel, Edward F. Shaughnessy, and files this 

Appellee’s Motion for Extension of Time to File Appellee’s Petition for 

Discretionary Review. In support of the instant motion the Appellee would 

show unto this Court the following:

A.

The appellant was charged by way of indictment in Bee County with 

the offense of Possession of Marihuana ( 5 to 50 pounds) in cause number 

L13-0096-CR-B. The appellant was convicted by a jury and sentenced by 

the Court to twelve years of confinement in the Texas Department of 

Criminal Justice. An appeal was pursued, by the appellant to the Court of 

PD-0967-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/27/2015 11:55:55 AM

Accepted 7/28/2015 2:48:41 PM

ABEL ACOSTA

CLERK
Appeals, Thirteenth District, Corpus Christi. On July 9, 2015 that Court 

reversed the judgment of the trial court and rendered judgment of acquittal 

after finding that the evidence was legally insufficient to support the 

judgment of conviction. The appellee’s Petition for Discretionary Review is 

due to be filed in this Court on or before August 10, 2015. The appellee 

would respectfully request a thirty-day extension of time to file the 

Appellee’s Petition for Discretionary Review with this Court. No previous 

requests for an extension of time have been sought in this matter.

B.

The undersigned has recently filed briefs in the following matters: 

Jordan Lewis v. The State of Texas, Cause No. 01-14-00557-CR; and Felix 

Villarreal v. The State of Texas, Cause No. 13-15-00014-CR.

C.

The undersigned is also in the process of preparing for trial as a 

Prosecutor pro tem in two capital murder cases pending in the 290th District 

Court. Those cases are The Stat of Texas v. Conrad Ochoa, Cause no. 2013-

CR-0560-B and The State of Texas v. Baron Ochoa, Cause no. 2013-CR0560A.
D

Counsel appeared in the 290th District Court of Bexar County on July 

20th, 2015 on the Capital Murder case of The State of Texas v. James Garza, 

Cause Number 2009-CR-12648A for purposes of resentencing.

E.

In addition the undersigned serves as a part-time Criminal law 

Magistrate for the District Courts of Bexar County and as a Juvenile Referee 

for the Juvenile Courts of Bexar County. Counsel will be serving in those 

capacities during the upcoming days. 

F.

Undersigned counsel will be out of the country from July 28, 2015 

through August 9, 2015.
PRAYER FOR RELIEF

Wherefore premises considered, the Appellee would request an 

extension of time file the Appellee’s Petition for Discretionary Review in the 

instant case until September 9 , 2015.

Respectfully submitted,

/S/____________________

Edward F. Shaughnessy, III

Attorney for the Appellee

206 East Locust Street

San Antonio, Texas 78212

SBN: 18134500

Phone: (210) 212-6700

Fax: (210) 212-2178

Shaughnessy727@gmail.com
CERTIFICATE OF SERVICE

I, Edward F. Shaughnessy, hereby certify that a copy of the instant 

motion was served upon Travis Berry, attorney for the appellant, by mailing 

the motion to P.O. Box 6333, Corpus Christi, Texas 78466, on the _24_ day 

of July, 2015.

/S/______________________

Edward F. Shaughnessy, III

Attorney for the Appellee