PD-1190-15
PD-1190-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/14/2015 8:53:51 PM
September 16, 2015 Accepted 9/16/2015 12:35:21 PM
ABEL ACOSTA
CLERK
PDR NO.________
STATE OF TEXAS § IN THE TEXAS COURT
§
VS. § OF
§
JAIME LEE GAMEZ § CRIMINAL APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S PETITION FOR
DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Jaime Lee Gamez, Appellant in the above styled and numbered
cause, and moves this Court to grant an extension of time to file Appellant's
Petition for Discretionary Review, pursuant to Rules 68.2 of the Texas Rules of
Appellate Procedure, and for good cause shows the following:
1. This case is on appeal from the 268th Judicial District Court of Fort
Bend County, Texas.
2. The case below was styled the STATE OF TEXAS vs. JAIME LEE
GAMEZ, and numbered 12-DCR-061850.
3. Appellant was convicted of Driving While Intoxicated.
4. Appellant was assessed a fifteen (15) year sentence on February 14,
2014.
5. Notice of appeal was given on March 3, 2014.
6. The clerk's record was filed on April 9, 2014; the reporter's record was
filed on July 14, 2014.
7. On August 4, 2015, the Fourteenth Court of Appeals affirmed
Appellant’s conviction. Gamez v. State, No. 14-14-00203-CR, slip op. at 1-5,
(Tex. App.-Houston [14th Dist.], August 4, 2015, pet. pending).
8. On August 13, 2015, Appellant timely filed his motion for rehearing.
The Fourteenth Court of Appeals overruled and denied Appellant’s motion for
rehearing on August 18, 2015.
9. The Petition for Discretionary Review is due on September 17, 2015.
10. Appellant requests an extension of time of 30 days from September
17, 2015, i.e. October 17, 2015, to electronically file Appellant’s Petition for
Discretionary Review.
11. No extensions to file the Petition for Discretionary Review have been
received in this cause.
12. Defendant is currently incarcerated.
13. Appellant relies on the following facts as good cause for the requested
extension:
Counsel is also preparing an appeal styled Elmer Nunez-Marquez vs. The
State of Texas, 01-15-00434-CR, which is due October 1, 2015.
In addition, Counsel is preparing for trial, set for October 5, 2015, styled The
State of Texas vs. Michael Lee Hocutt, cause number 74947 (Burglary of
Habitation), enhanced twenty five (25) years to Life imprisonment, in the 239th
District Court of Brazoria County, Texas.
In addition, Counsel is preparing for trial, set for October 27, 2015, styled
The State of Texas vs. Anthony Joseph Sybille, cause numbers, 12-DCR-60739A
and 12-DCR- 60742A (Aggravated Robberies), enhanced fifteen (15) years to Life
imprisonment, in the 400th District Court of Fort Bend County, Texas.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion to Extend Time to File Appellant’s Petition for
Discretionary Review, and for such other and further relief as the Court may deem
appropriate.
Respectfully submitted,
LAW OFFICE OF MICHAEL C. DIAZ
20228 Hwy. 6
Manvel, Texas 77578
Tel: (281) 489-2400
Fax: (281) 489-2401
By:/s/Michael C. Diaz
Michael C. Diaz
State Bar No. 00793616
Attorney for Jaime Lee Gamez
CERTIFICATE OF SERVICE
This is to certify that on September 14, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Fort
Bend County, Texas, by hand delivery.
/s/Michael C. Diaz
Michael C. Diaz
Gamez, Jaime Lee
Combined Opinion