PD-0272-15
PD-0272-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/12/2015 10:42:34 AM
March 12, 2015 Accepted 3/12/2015 11:28:41 AM
ABEL ACOSTA
CLERK
Cause No. PD-_______-14
GARY VISE, § PETITION FOR DISCRETIONARY
Appellant-Petitioner §
§ REVIEW FROM THE
v. §
§ FOURTH COURT OF APPEALS
STATE OF TEXAS §
Appellee-Respondent. § Cause No. 04-14-00077-CR
PETITIONER’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, GARY VISE, Petitioner, and files this motion for an
extension of time in which to file his Petition for Discretionary pursuant to Texas
Rules of Appellate Procedure 10.5(b) and 68.2(c). In support of this motion,
Petitioner shows the court the following:
Petitioner was convicted of the felony offense of Assault Family Violence by
Strangulation. The Fourth Court of Appeals affirmed the conviction on February
11, 2015. Petitioner did not request rehearing in the Fourth Court of Appeals.
Petitioner’s Petition for Discretionary Review is currently due on March 13, 2015.
Undersigned counsel was preparing for a Motion for New Trial hearing in
State v. Sandra Briggs in the 187th District Court; was working on written objections
to a Federal Magistrate Judge’s recommendations in a 28 USC § 2254 in Gonzales
v. Thaler, 2:14-CV-00058; on an appeal to the Fourth Court of Appeals in Rudy
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Martinez v. State 04-14-00619-CR; and on a Petition for Discretionary in State v.
Ambrose, PD-0143-15 that was filed in this Court on March 9, 2015. Counsel is
need of additional time to research and draft Petitioner’s Petition for Discretionary
Review and requests that the time to file is extended to Monday April 13, 2015.
WHEREFORE, Petitioner prays this Court grant this first request and extend
the time for filing her petition to Monday April 13, 2015.
Respectfully submitted:
__/s/Dayna L. Jones_______
Dayna L. Jones
Bar No. 24049450
LAW OFFICE OF DAYNA L. JONES
1800 McCullough Avenue
San Antonio, Texas 78212
(210)-255-8525– office
(210)-223-3248—fax
Daynaj33@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion was
electronically sent to opposing counsel via U.S. Mail at 101 W. Nueva, San Antonio,
Texas 78205 on March 12, 2015.
__/s/Dayna L. Jones_____
DAYNA L. JONES
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Cause No. PD-_______-15
GARY VISE, § PETITION FOR DISCRETIONARY
Appellant-Petitioner §
§ REVIEW FROM THE
v. §
§ FOURTH COURT OF APPEALS
STATE OF TEXAS §
Appellee-Respondent. § Cause No. 04-14-00077-CR
ORDER ON PETITIONER’S FIRST MOTION FOR EXTENSION OF
TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
On this the ______ day of _________, 2015, came to be heard Petitioner’s
First Motion for Extension of Time to Petition for Discretionary Review, and it
appears to the court that this motion should be:
GRANTED DENIED
IT IS THEREFORE ORDERED that the time for filing Petitioner’s Brief in
this cause be extended to ____________________, 2015.
SIGNED THIS THE _________ DAY OF _______________, 2015.
__________________________
JUDGE PRESIDING
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