PD-0173-15
PD-0173-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/12/2015 11:26:19 AM
Accepted 2/12/2015 1:59:51 PM
CASE NO. _____________ ABEL ACOSTA
CLERK
In the Court of Criminal Appeals
Austin, Texas
GORDON RAY LEWIS
Petitioner
February 12, 2015
V.
STATE OF TEXAS
Respondent
Appealed from the Second Court of Appeals
Fort Worth, Texas
Court of Appeals Cause No. 02-13-00367-CR
MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES Gordon Ray Lewis, petitioner, who makes and files the
following motion for extension of time in which to file his petition for
discretionary review, and in support thereof would respectfully show:
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I.
CERTIFICATE OF CONFERENCE
This is to certify that a conference was held with the state’s attorney
regarding the merits of this motion and the requested relief. Counsel for the
state advised that she did not oppose the requested relief.
II.
On December 18, 2014, the Second Court of Appeals sitting in Fort
Worth, Texas handed down its opinion and judgment affirming petitioner’s
conviction and sentence in cause number 02-13-00367-CR, styled Gordon
Ray Lewis v. The State of Texas. Lewis filed a motion for extension of time
to file his motion for rehearing on January 2, 2015 and the motion was
granted January 12, 2015. Lewis then filed his motion for rehearing on
January 9, 2015, which was denied by order of the Court on January 15, 2015.
III.
Based on the calculations of petitioner’s counsel, the petition for
discretionary review in this matter is due February 16, 2015.
IV.
Petitioner seeks an additional fourteen days in which to file his petition
for discretionary review.
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V.
Good cause exists for this extension. Counsel for petitioner was out of the
state from Monday, February 9 through Wednesday February 11, 2015 to
prepare for and attend mediation in Case No.: D-1116-CV-2013-00523; State
of New Mexico, Ex. Rel, CMC Steel Constructors, Inc. d/b/a CMC
Construction Services v. Hard Rock Builders, Inc. and Jaynes
Corporation, pending in the 11th Judicial District Court, San Juan County,
New Mexico. Because the mediation took place in Farmington, New Mexico,
extensive travel to and from Albuquerque, New Mexico was involved.
Preparation for and attendance at this mediation has precluded
petitioner’s counsel from completing a cogent, succinct petition for
discretionary review presenting the issues ruled on by the court of appeals.
V.
No previous extension to file a petition for discretionary review has
been requested or granted.
VI.
Petitioner Gordon Ray Lewis is currently incarcerated in the Texas
Department of Criminal Justice, Institutional Division, serving a life
sentence.
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WHEREFORE, PREMISES CONSIDERED, petitioner prays that his
motion for extension of time to file his petition for discretionary review in
the above styled and numbered cause be sustained, and that he have up and
including March 2, 2015 in which to complete and file his petition for
discretionary review. Petitioner prays for such other and further relief, both
general and special, at law or in equity, to which he may show herself to be
justly entitled.
Respectfully submitted,
By: /s/Michael W. Minton
MICHAEL W. MINTON
State Bar No. 14194550
THE LAW OFFICES OF
MICHAEL W. MINTON, P.L.L.C.
6100 Western Place, Suite W0541
Fort Worth, Texas 76107
mminton@mintonlaw.com
Telephone: 817-377-9200
Facsimile: 817-377-9201
CERTIFICATE OF SERVICE
I hereby certify that on this the 10th day of February, 2013, a true and
correct copy of the above and foregoing document was sent U.S. certified mail,
return receipt requested and/or facsimile transmittal to all counsel of record
in the above-styled and numbered cause.
/s/Michael W. Minton
MICHAEL W. MINTON
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