PD-0408-15
COURT OF CRIMINAL APPEALS
PD-0408-15 AUSTIN, TEXAS
Transmitted 4/13/2015 12:00:00 AM
Accepted 4/15/2015 4:08:53 PM
ABEL ACOSTA
CAUSE NO. ______________________ CLERK
MARK JOSEPH SHUMSKI, § IN THE TEXAS COURT OF
Appellant, §
§
v. §
§
April 15, 2015
§ CRIMINAL APPEALS
§
§
§
§
STATE OF TEXAS § IN AND FOR THE STATE OF
Appellee. § TEXAS
DEFENDANT’S MOTION TO EXTEND DEADLINE TO FILE PETITION
FOR DISCRETIONARY REVIEW PURSUANT TO T.R.A.P RULE 10(5)(b)
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW DEFENDANT MARK JOSEPH SHUMSKI and files this
his MOTION TO EXTEND DEADLINE TO FILE PETITION FOR
DISCRETIONARY REVIEW PURSUANT TO T.R.A.P RULE 10(5)(b). In
Support of this Motion Defendant offers to this Honorable Court the following:
I.
This cause was originally filed in the Second Court of Criminal Appeals,
however, pursuant to Order, the case was transferred to the Honorable 11th
Court of Appeals.
II.
On March 5, 2015, The Honorable 11th Court of Appeals affirmed the 271st,
Wise County District Court proceedings. The appellate cause number is 11-
13-00054-CR, styled Mark Joseph Shumski, appellant v. The State of
Texas, Appellee. There are no pending motions nor requests for rehearing
pending in the 11th Court of Appeals regarding this matter.
III.
Petitioner respectfully requests an extension be granted to file this petition
for discretionary review. The request for extension is made within the
fifteen (15) days allowable by T.A.R.P. 10(5)(b) and is not designed for
delay but so that justice may be done. Co-Counsel on this appeal had has
pneumonia for approximately two and one-half weeks hindering the prompt
completeness of the pdr.
IV.
Petitioner as of this day has completed and has contemporaneously filed the
pdr electronically, however, Petitioner respectfully requests that this Court
grant the extension to file and allow the pdr to be timely filed with this
Court.
Respectfully submitted,
By: _/s/_________________________
PAUL BELEW
State Bar No. 00794926
LAW OFFICES OF PAUL BELEW, PLLC.
P.O. Box 1026
Decatur, Texas 76234
Telephone No. (940) 627 - 6400
Telecopier No. (940) 627 - 6408
pbelew@gmail.com
CERTIFICATE OF SERVICE
I certify that a true copy of the above Motion has this day been served on
attorney for the State on this, the 12TH day of April 2015 by:
______ Hand delivery
______ Certified mail, return Receipt Requested
__x___ Sent by electronic mail before 5:00 p.m.
_/s/_______________________
PAUL BELEW
CERTIFICATE OF SERVICE
I certify that attorney for Petitioner has conferred with the State on this
matter, and the State of Texas is not opposed to the granting of this Motion on the
12TH day of April 2015.
_/s/_______________________
PAUL BELEW