PD-0715-15
PD-0715-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/11/2015 2:43:24 PM
Accepted 6/11/2015 4:50:11 PM
ABEL ACOSTA
NO. _____________ CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS
LENNIE P. EARBIN
Appellant
v.
THE STATE OF TEXAS
Appellee
FROM THE FIFTH COURT OF APPEALS
CAUSE NO. 05-14-00508-CR
ON APPEAL FROM THE 219 TH JUDICIAL DISTRICT COURT
OF COLLIN COUNTY, TEXAS, CAUSE NO. 219-80478-2012
APPELLANT'S MOTION FOR EXTENSION
.OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
Piper McCraw
State Bar No. 24045261
piper@mccrawgantt.com
June 11, 2015
Piper McCraw, P.C.
1504 First Avenue
McKinney, Texas 75069
Tel: (972) 767-6369
Fax: (972) 767-6368
ATTORNEY FOR EARBIN
1
COMES NOW, Lennie Barbin, Appellant herein, and respectfully moves
this Court to issue an extension of time to file Appellant's petition for discretionary
review, and in support thereof would show the court as follows:
I.
The opinion of the Fifth Court of Appeals in cause no. 05-14-00508-CR,
affirming the conviction, was rendered on May 12,2015.
II.
The number and style of the case in the District Court is No. 219-80478-
2012, State a/Texas v. Lennie Earbin.
III.
Appellant was convicted of continuous sexual abuse of a child (victim under 14
years of age) by a jury. The court assessed punishment at 25 years in the
institutional division ofTDCJ.
IV.
The present deadline for filing the petition for discretionary review is June
11,2015.
V.
No extensions of time to file the petition for discretionary review were
previously requested.
VI.
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW - PAGE 2
The reason for this request is that during the last few weeks, counsel has
been dealing with a close family member being placed into hospice care and the
family member's subsequent death, as well as hospitalization of another close
family member. In addition to these personal matters, counsel has also been
involved in extensive preparation for a jury trial originally scheduled to begin on
Monday, May 18, 2015 (State a/Texas v. Serafine Figaraa; Collin County, Texas;
Cause No. 003-85022-2014, 003-85023-2014) and a jury trial scheduled to begin
on Monday, June 15,2015 (State a/Texas v. Ari Clark; Collin County, Texas;
Cause No. 003-81878-2014).
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant an extension of time to file his petition for discretionary review until
July 11,2015.
Respectfully submitted,
Piper McCraw, P.C.
1504 First Avenue
McKinney, Texas 75069
Tel: (972) 767-6369
Fax: (972) 767-6368
BY:~
Piper McCraw, P.C.
State Bar No. 24045261
Attorney for Lennie Barbin, Appellant
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW - PAGE 3
CERTIFICATE OF SERVICE
This is to certify that on June 11, 2015, a true and correct copy of the above
and foregoing document was served on the Collin County District Attorney's
Office, 2100 Bloomdale Rd., McKinney, TX 75071 by electronic service.
Piper cCraw
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW - PAGE 4