PD-0858-15
No .
R 'Elv/fcu !h
COURT OF mwiimupmis
IN THE
JUL 10 2015
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
CHRISTOPHER 'WILEY
V.
THE STATE OF TEXAS
FILED m
From Appeal No. 12-1 4-001 26-CR COURT OF CRIMINAL APPEALS
Trial No. 241-1239-13 JUL 1Q23i5
Smith County
Abel Acosta, Clerk
FIRST MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARYREUIEU
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COMES NOD, Christopher Wiley, Petitioner, and files this Motion
pursuant to Texas Rules of Appellate Procedure (TRAP) rule 10.5.
Petitioner seeks an extension of sixty (60) days- in which to file
his Petition for Discretionary Review. In support of this motion,
Petitioner shows the Court the following:
I.
The Petitioner was convicted in the• 241st District Court of
Smith County, Texas, of the offense of Murder in Cause No. 241-
1239-13, and brought his: direct appeal to the 12th Court of Appeals
The 12th Court of Appeals affirmed Petitioner's conviction on Dune
17, 201 5.
II.
The present deadline for filing the Petition for Discretionary
Review is on or about.July 17, 2015.. This is Petitioner's first
request for an extension of time to file his Petition for Discre
tionary Review.
III.
Petitioner's request for an extention of time is based upon the
following facts:
(1) Petitioner was not informed of the decision of the court of
appeals affirming his conviction until June 24, 2015, approximately
seven (7) days after the opinion was given.
(2) Since that time, Petitioner has been attempting to gain legal
representation in this matter:. His attorney on the appeal, Austin
Reeve Jackson , has informed Petitioner that he is no longer repre
senting him; that his representation is complete. •
(3) Petitioner avers, that until he finds an attorney to represent
him, that is, if:he finds one, he is submitting this motion and
all other filings pro se\ Therefore., Petitioner contends he requires
this extended time because he must submit, request's for all shepard-
izing of case law; and for any •cases •decided- after 2009, he must
also submit a book loan request.- these requests typically take
about 2 days to fill, and all such requests are limited to 3 each
(i.e., 3 book loans per day or 3 shepards per day). Cases decided
after 2009 do not come in bound-volumes and must, therefore, be
ordered on •» BOOK-LOAN-" .
(4) Petitioner contends he does not anticipate requesting any other
extension to file his petition for discretionary review - an it is
even possible he may•not use the entire 60 days , however, in abun
dance of caution, he respectfully requests sixty (60) days exten
sion because Petitioner intends to file the petition for discretion
ary review because Petitioner honestly believes his issue(s) are
meritorious.
(5) Petitioner submits that this.motion is submitted in good faith,
is not made to delay the proceedings herein , nor harrass or cause
unnecessary expenses for Respondent, but to put forth and bring
this Court a well-researched: and reasoned discussion in support of
the issues raised in his petition.
(6) Petitioner's case, was affirmed: in the T2th Court- of'Appeals,
Tyler, Texas and the :style was Christopher:Wiley v. The State of
Texas, cause number 12-1 4-00126-CR .
(7) Petitioner did not file a motion for rehearing in this case.
PRAYER:
WHEREFORE, Petitioner prays this Honorable Court GRANT this
Motion and extend the deadline for filing the Petition for Discre
tionary Review in case no. to September 15, 2015.
Respectfully Submitted,
Christophajr Wiley
TDCJ-ID #1931708
Wayne Scott Unit
6999 Retrieve Rd.
Angleton, TX 77515
Petitioner, pro se
CERTIFICATE OF SERVICE
I certify that a true and.correct copy of the. above and fore
going First Motion for Extension of Time to File Petition For Dis
cretionary Review, has beenforwarded by U.S. Mail, postage prepaid ,
first class, to Attorney for the State, Michael J. West, at 4th
Floor, Courthouse, TOO North Broadway, Tyler, Texas 75702 on this
the £** day of July, 2015
Christopher Wiley
Petitioner, pro se
•3-
I, Christopher Wiley, TDCJ-ID #1931708, being presently incar
cerated in the Wayne Scott Unit of the Texas Department of Criminal
Justice in Brazoria County, Texas, verify and declare under penalty
of perjury that the foregoing statements are tru and correct.
EXECUTED on this the £™*- day of July, 2015.
iristoph^r Wiley
TDCJ-ID #193170B''
Wayne Scott Unit
6999 Retrieve Rd.
Angleton, TX 7751 5
•4-
Wiley, Christopher
Combined Opinion