I PD-1531-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/11/2015 8:32:06 PM
No. PD-1531-14 Accepted 1/22/2015 11:29:44 AM
AbEL ACOSTA
In The CLERK
££/ TO 2-H-tS-
Court of Criminal Appeals
At Austin
FILED IN
COURT OF CRIMINAL APPEALS
Khahn Phak
January 22, 2015
Appellant
ABEL ACOSTA, CLERK
v.
The State of Texas
Appellee
Cause number 1225435
In the 263rd Judicial District Court
Cause number 14-13-00215-CR
In the Court of Appeals for the First Judicial District
Appellant's Motionfor Extension ofTime Within
Which tofile Petition for Discretionary Review
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
PHAN KHAHN, the appellant, under TEX. R. APP. P. 10.1 & 10.5(b), moves for
an extension of time within which to file his petition for discretionary review. In support
of his motion, the appellant submits the following:
(A) The appellant's petition for discretionary review is due on December 15,
2014.
(B) The appellant seeks an extension of time to file the appellant's petition for
discretionary review until, January 12, 2015.
(C) The appellant relies upon the following facts to reasonably explain the need
for an extension:
Due to an unexpected hospitalization, the undersigned was
unable to complete the appellant's petition by December 15th
and requests an additional 22 day extension of time to file the
petition that accompanies this motion.
(D) One previous motion requesting an extension of time to file the appellant's
petition for discretionary review have been requested or granted.
WHEREFORE, the appellant prays that this Court will grant the requested
extension until December 19, 2014.
Respectfully submitted,
/s/ Kelly Smith
Kelly Ann Smith
Certificate of Compliance & Service
Pursuant to TEX. R. APP. P. 9.5& 9.4, this certifies that this document contains
288 words and that a copy of the foregoing was electronically served on the State of
Texas.
/s/ Kelly Smith
Kelly Ann Smith
Texas Bar No. 00797867
P.O. Box 10751
Houston, TX 77206
281-734-0668
Kelly.A.Smith.06@gmail.com
Counselfor the appellant