PD-0525-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/8/2015 6:57:19 PM
Accepted 6/11/2015 2:43:26 PM
„T^ „^ „M„ .,_ ABELACOSTA
NO. PD-0525-15 clerk
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AUSTIN, TEXAS
CHRISTOPHER ALAN LEMASTER /^(iX&Q
APPELLANT [\^^\Z
FILED IN ^ J&&—• ^
COURT OF CRIMINAL APPEALS X70 . . „ ^ q*>\\
VS. 'frti^BPi^
June 11, 2015
THE STATE OF TEXAS
ABELACOSTA, CLERK APPELLEE . ,D»fJ
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, CHRISTOPHER ALAN LEMASTER, Appellant, and
files this Motion for Extension of Time to ,File Appellant's Petition for
Discretionary Review, pursuant to Rules 10.5(b) and 68.2(c), Texas Rules of
Appellate Procedure. In support of this Motion, Appellant would show the
following:
I.
On April 8, 2015, the 4th Court of Appeals affirmed the trial court's
judgment, in the case styled Christopher Alan LeMaster vs. State ofTexas, Cause
No. 04-14-00344-CR. No motion for rehearing or motion for en banc
< reconsideration was filed.
II.
Appellant's Petition for Discretionary Review is currently due to be filed
on June 8, 2015. Counsel for Appellant requires an extension of thirty (30)
days within which to complete and file Appellant's Petition for Discretionary
Review in this cause. This is Appellant's second request for extension of time.
III.
Counsel was hired May 1, 2015, by Appellant to work on this matter.
Counsel for Appellant has worked diligently on Appellant's Petition for
Discretion Review since being hired, but has been, and will be, unable to complete
it by the current due date for the following reason:
1. The week of May 4, 2015, and the week of May 11, 2015, Counsel for
Appellant had numerous, previously set, pretrial and trial settings in the county
and district criminal courts of Bexar County, Texas.
2. The week of May 18, 2015, Counsel for Appellant was set, and
prepared, for jury trial in the case styled State of Texas vs. Jasmine Parra,
pending in County Court at Law No. 5 of Bexar County, Texas. Counsel for
Appellant also had numerous, previously set, pretrial settings in the county and
district criminal courts of Bexar County, Texas.
3. The week of May 25, 2015, Counsel's office was closed in observance
of the Memorial Holiday on Monday, May 25, 2015; Counsel for Appellant was
also set, and prepared, for jury trial in the case styled State of Texas vs. Michael
Smith, pending in the 379th District Court of Bexar County, Texas, as co-counsel.
Counsel for Appellant also had numerous, previously set, pretrial settings in the
county and district criminal courts of Bexar County, Texas.
4. The week of June 1, 2015, Counsel for Appellant was set, and prepared,
for jury trial in the case styled State of Texas vs. Joanna Garcia, pending in
County Court at Law 15, Counsel for Appellant also had numerous, previously
set, pretrial settings in the county and district criminal courts of Bexar County,
Texas.
5. Counsel for Appellant was also involved in assisting with the research
and preparation of several appellate matters pending in Harris County, Texas.
6. Counsel for Appellant has also worked diligently on the, investigation,
research, and preparation of the following, upcoming, post-conviction matters:
Ex parte Corey Farrow, Ex parte Alexander Gauthier, Ex parte Alexis
Rodriguez.
VI.
This request is not made for the purpose of delay, but rather this request
is made to allow counsel adequate time to prepare Appellant's Petition for
Discretionary Review. Appellant moves this Court for an order granting an
extension of thirty (30) days, or until July 8, 2015, for Appellant to submit the
Petition for Discretionary Review in this case.
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court
for an order granting an extension of thirty (30) days, for Appellant to submit the
Petition for Discretionary Review in this case.
Respectfully submitted,
/s/ Dan iel De La Garza
DANIEL DE LA GARZA
TBA No. 24077965
1800McCullough
San Antonio, Texas 78212
Telephone: (210)263-1146
Facsimile: (210)855-6274
Email:Daniel.DeLaGarza@Me.com
COUNSEL FOR APPELLANT,
CHRISTOPHER ALAN LEMASTER
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned
counsel of record certifies that the motion contains 765 words.
/s/ Daniel De La Garza
DANIEL DE LA GARZA
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
Motion for Extension of Time to File Appellant's Brief was delivered via email
through eFile.TXCourts.gov, to the Bexar County District Attorney's Office, on
this the 8th day of June 2015.
/s/ Daniel De La Garza
DANIEL DE LA GARZA
NO. PD-0525-15
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AUSTIN, TEXAS
CHRISTOPHER ALAN LEMASTER
APPELLANT
VS.
THE STATE OF TEXAS
APPELLEE
ORDER
It is the order of the Court that the foregoing Motion for Extension of Time
to File Appellant's Petition for Discretionary Review is GRANTED, and the
deadline for filing Appellant's Petition for Discretionary Review is extended to
July 8, 2015.
SIGNED thisthe_ day of , 2015.
JUDGE PRESIDING