Guy, Lester Ray

FILED IN PD-1564-14 COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS February 12, 2015 Transmitted 2/10/2015 10:18:55 PM Accepted 2/12/2015 8:51:33 AM ABEL ACOSTA NO. PD-1564-14 ABELACOSTA, CLERK CLERK LESTER RAY GUY * IN THE COURT OF * Petitioner VS. * CRIMINAL APPEALS * THE STATE OF TEXAS Respondent * AT AUSTIN, TEXAS MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS: COMES NOW, LESTER RAY GUY, Appellant, and files this Motion for an Extension in which to file a Petitioner for DiscretionaryReview. In support of this motion, Petitioner shows the Court the following: I. The Petitioner's appeal was affirmed by the Third Court of Appeals on October 22, 2014. Motion for Rehearing and Rehearing En Banc were denied on December 11, 2014. Appellant's P.D.R. is therefore dueby January 9, 2015. Counsel has requested one previous extensions. This Court granted that extension. II. Pursuant to Texas Rules of Appellate Procedure 68.2(c) Petitioner would hereby request an extension of time in which to file his P.D.R. III. Attorney for the Petitioner would further show the Court that he has been diligent in preparing Appellant's application inthis case. Due to counsel's trial and appellate schedule he has not been able to complete the research and drafting of the application, and would therefore request this extension so that he may timely do so. Counsel has had 3 jury trial settings in the last 35 days and was unable to complete the application. Counsel is currently in the middle of a trial in Hays County on two first degree felonies, and was unable to complete the PDR timely due to the start and preparation for this trial. Counsel will file the PDR on Tuesday February 17,2015, which is within 15 days of the date the PDR is due pursuant to TRAP 68.2( c). WHEREFORE, Appellant prays the Court grant this Motion and extend the deadline for filing the Petitioner 's PDR to February 17, 2015 Respectfully Submitted, ARIEL PAYAN Attorney at Law 1012 Rio Grande Austin, Texas 78701 (512)478-3900 (512) 472-4102 (fax) Arielpayan@hotmail.com /s/ Ariel Payan ARIEL PAYAN State Bar No. 00794430 CERTIFICATE OF SERVICE By my signature above I hereby certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Petition for Discretionary Review has been delivered to the Criminal District Attorney, on February 10, 2015.