PD-0733-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/16/2015 12:06:47 PM
June 18, 2015 Accepted 6/18/2015 11:01:53 AM
ABEL ACOSTA
NO. 14-14-00067-CR CLERK
IN THE COURT OF APPEALS
FOURTEENTH DISTRICT
HOUSTON, TEXAS
NO. 1387993
IN THE TRIAL COURT
262ND JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS
JUSTIN McGEE § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
MOTION FOR EXTENSION OF TIME
FOR FILING PETITION FOR DISCRETIONARY REVIEW
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
email: allenisbell@sbcglobal.net
COUNSEL ON APPEAL
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW JUSTIN McGEE, appellant, by and through his counsel
on appeal, ALLEN C. ISBELL, and respectfully requests this Honorable Court
grant an Extension of Time for Filing a Petition for Discretionary Review.
I.
The Fourteenth Court of Appeals in Houston, Texas, delivered an
opinion in this matter on May 28, 2015, in Cause No. 1387993, entitled
JUSTIN McGEE vs. The State of Texas.
II.
The present deadline for filing the Petition for Discretionary Review is
June 27, 2015.
III.
Appellant requests that the time be extended until July 27, 2015.
IV.
Counsel is unable to timely file the Petition for Discretionary Review
within the time prescribed by the TEXAS RULES OF APPELLATE
PROCEDURE for the following reasons:
1. Counsel is preparing for the following Trials:
• State vs. Hobbs, Cause Nos. 1460339, 1322693, 1322694,
1322764, 1322796, 1323767, 1324124, & 1324125 (Death
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Penalty Capital)(jury selection set to begin July 6, 2015);
• State vs. Magee, No. 1392085, 1386835, 1387732, &
1386809 (Capital Murder, Agg.Aslt.FM., Agg.Robb.DW.)(set
for July 6, 2015).
2. Counsel is presently working on the following Brief for Appellant:
Torres v. State, Nos. 14-15-00155-CR, 14-15-00156-CR, 14-15-
00157-CR, & 14-15-00158-CR; Barran v. State, No. 14-15-00359-
CR;
3. Counsel has recently represented the following in court: State vs.
Bell, No. 1458279; State vs. Caplan, No. 1449686; State vs.
Contreras, No. 1328812; State vs. Dixon, No. 1469265; State vs.
Earls, No. 1388874; Hilton vs. Hilton, No. 2015-18025; State vs.
Hastings, No. 1464287; State vs. Hobbs, Cause Nos. 1460339,
1322693, 1322694, 1322764, 1322796, 1323767, 1324124, &
1324125; State vs. Hornsby, Nos. 1455466, 1455467 & 1455768;
State vs. Joyner, No. 1358039; State vs. Leal, No. 1227701;
State vs. Manning, Nos. 1462939, 1465015, & 1464989; State
vs. McGlory, Nos. 1462825 &1462826; State vs. McWashington,
No. 1446879; State vs. Morris, No. 1458287; State vs. Palmer,
Nos. 1419391 & 1420714; State vs. Perez, No. 1448860; State
vs. Perkins, No. 1459848; State vs. Peters, No. 1447571; State
vs. Rodriguez, No. 1464967; State vs. Quarrells, No. 1455220;
State vs. Smith, No. 1436342 & 1468398; State vs. Sylmon, No.
1467313; State vs. Terrell, No. 1426152;
V.
This is the first (1) extension requested.
VI.
This motion is urged at the first opportunity as appellant is indigent and
will suffer irremediable harm if it is not granted.
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WHEREFORE, PREMISES CONSIDERED, appellant prays that this
Honorable Court grant this extension of time in which to file the Petition for
Discretionary Review until July 27, 2015.
Respectfully submitted,
/s/ Allen C. Isbell
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
email: allenisbell@sbcglobal.net
COUNSEL ON APPEAL
Certificate of Service
I hereby certify that on this 16th day of June, 2015, a true and correct
copy of the foregoing Motion for Extension of Time for Filing Appellant's
Petition for Discretionary Review has been sent to the District Attorney's
Office, Appellate Division, and to Mr. Justin McGee, appellant.
/s/ Allen C. Isbell
ALLEN C. ISBELL
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Certificate of Compliance
The undersigned attorney on appeal certifies this motion is computer
generated and consists of 608 words. Counsel is relying on the word count
provided by the Word Perfect computer software used to prepare the brief.
/s/ Allen C. Isbell
ALLEN C. ISBELL
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