Kirk, Tory Levon

FILED IN PD-1197-13
COURT OF CRIMINALAPPEALS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
February 12, 2015 Wf (I [/Transmitted 2/12/2015 3:57:47 PM
i/1 AV Accepted 2/12/2015 4:06:24 PM
abelacosta, clerk No. PD-1197-1
/\l'J / ABELACOSTA
jiS CLERK

Tory Levon Kirk, vr

Appellant
Court of Criminal Appeals
v.

of Texas
State of Texas,

Appellee

Appellant's Unopposed Motion for Extension of Time
t o File Motion for Rehearing

Appellant Tory Levon Kirk files this Unopposed Motion for Extension of

Time to file its Motion for Rehearing and would respectfully show this Court the

following:

1. Appellant's motion for rehearing is due today, February 12, 2015.

2. Appellant respectfully requests a 15-day extension of his deadline. If

permitted, Appellee's brief would be due on February 27, 2015.

3. Appellant seeks this extension because his undersigned counsel has

been occupied with the following deadlines in the previous two weeks:

— February 4, 2015: Petition for Discretionary Review due in Stepherson
v, State, which is pending in this Court as Case No. PD-1628-14;

1-
 — February 10, 2015: Motion to Compel due in RAM Aircraft^ Limited
Partnership v. J.A.R. Management Corporation, which is pending in the
74th Judicial District Court of McLennan County, Texas; and
— February 11, 2015: Petition for Review due in N.R.J, v. State, which is
pending in the Supreme Court of Texas as Case No. 15-0015.

4. Appellant has neither requested or nor received any previous

extensions of time to file any document in this case.

5. This motion is not made for purposes of delay, but so that justice may

be done.

Respectfully submitted,

s/ Matthew J. Kita
Matthew J. Kita
Texas Bar No. 24050883

P.O. Box 5119
Dallas, Texas 75208
(214) 699-1863 (Telephone)
(214) 347-7221 (Facsimile)
matt@mattkita.com
Counsel for Appellant

2-
 Certificate o f Conference

On February 12, 2015,1 conferred with the State's counsel regarding the
merits of this motion, who represented that the State is unopposed to the relief
requested.

/s/ Matthew J. Kita
Matthew J. Kita

Certificate of Service

The undersigned certifies that a copy of this notice was served on the
following counsel via e-filing in accordance with Texas Rule of Appellate Procedure
9.5 and this Court's Local Rules on February 12, 2015:

Counselfor Appellee:

Lori Ordiway
Dallas County District Attorney's Office
133 North Riverfront Boulevard
Dallas, Texas 75207

/s/Matthew J. Kita
Matthew J. Kita

3-