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.