FILED IN
PD-0547JD550-15
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
Transmitted 8/7/2015 5:09:56 PM
August 11, 2015 Accepted 8/11/2015 2:11:53 PM
ABEL ACOSTA
PD-0547-15
CLERK
ABEL ACOSTA. CLERK PD-0548-15
PD-0549-15
PD-0550-15
IN THE COURT OF
CRIMINAL APPEALS OF TEXAS
DAVID ALLEN RUSSELL APPELLANT
v.
THE STATE OF TEXAS APPELLEE
APPELLANT'S MOTION FOR EXTENSION OF TIME
TO FILE MOTION FOR REHEARING OF
DENIAL OF PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW Appellant, DAVID ALLEN RUSSELL, and pursuant to Rule 10.5(b) and
Rule 79.6 of the Texas Rules of Appellant Procedure, and files this Motion to Extend Time to
File Motion for Rehearing of Denial of Petition for Discretionary Review. In support of said
motion, the Defendant would show as follows:
I.
On January 29, 2015, the Court of Appeals for the Thirteenth District of Texas affirmed
the judgment in David Allen Russell v. State of Texas, Cause Nos. 13-13-00372-CR, 13-13-
00373-CR, 13-13-00374-CR, and 13-13-00375-CR. Defendant Russell filed a Petition for
Discretionary Review on May 12, 2015. The Petition for Discretionary Review was refused on
July 29, 2015.
II.
The Motion for Rehearing for Denial of Petition for Discretionary Review is due on
August 13, 2015. The Appellant has not requested previous extensions in which to file Motion.
The undersigned counsel has spoken to the opposing counsel, John Rolater and he is not opposed
to the motion.
Motion for Extension of Time to File Motion for Rehearing Page 1
III.
Undersigned counsel is still in the process of reviewing the court's denial of Petition for
Discretionary Review. Additionally, undersigned counsel needs additional time to meet with
client who is incarcerated at Estelle Unit, located in Huntsville, Texas. Therefore, undersigned
counsel would request a 14 day extension to file Motion for Rehearing for Denial of Petition for
Discretionary Review to August 27,2015.
WHEREFORE, PREMISES CONSIDERED, Appellant prays the court grant this motion
and allow the Motion for Rehearing for Denial of Petition for Discretionary Review to be filed
on August 27, 2015.
Respectfully submitted,
DE LA GARZA LAW FIRM, PC
s/ Rafael De La Garza
RAFAEL DE LA GARZA
TEXAS BAR CARD #00789251
3941 Legacy Drive, Suite 204A 192
Piano, TX 75023
Telephone: 972-424-1234
Facsimile: 866-405-5699
COUNSEL FOR APPELLANT
DAVID ALLEN RUSSELL
Motion for Extension of Time to File Motion for Rehearing Page 2
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing motion was delivered to
Collin County District Attorney's Office, 2100 Bloomdale Rd., McKinney, TX 75071, on this
the 7th day of August, 2015.
s/ Rafael De La Garza
Rafael De La Garza
Motion for Extension of Time to File Motion for Rehearing Page 3
Russell, David Allen
Combined Opinion