PD-1335-15 PD-1335-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/12/2015 12:00:00 AM
Accepted 10/12/2015 5:18:10 PM
ABEL ACOSTA
NO. 01-13-00947-CR CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM THE FIRST SUPREME JUDICIAL DISTRICT
GERMAIN LAWON DAVIS, APPELLANT
VS.
STATE OF TEXAS, APPELLEE
MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLANT’S PETITION
FOR DISCRETIONARY REVIEW
TERRENCE GAISER
LAWYER FOR
APPELLANT
2900 SMITH STREET, # 220
HOUSTON, TEXAS 77006
October 12, 2015 SBOT# 07572500
713/ 225-0666
tagaiser@aol.com
NO. 1330760
STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § HARRIS COUNTY,TEXAS
§
GERMAIN LAWON DAVIS § 182ND JUDICIAL DISTRICT
MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE
APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
NOW COMES GERMAIN DAVIS, appellant in the above-captioned
cause, by and through his attorney, TERRENCE GAISER, and files his
Motion for Extension of Time Within Which to File Appellant’s Petition for
Discretionary Review; for which he would show:
1.) Appellant appeals from a judgment of guilt and sentence of life without
parole the offense of capital murder
2.) On September 24, 2015, a panel of the First Court of Appeals in Cause
No. 01-13-00947-CR, Germain Lawon Davis v. State of Texas, issued a
memorandum opinion affirming appellant’s conviction. No motion for
rehearing was filed.. Appellant’s Petition for Discretionary Review is due
on Monday, October 26, 2015. This is the first requested extension.
Appellant requests a thirty-day extension to and including November 26,
2015.
3.) This extension is being sought for the following reasons:
After fter careful review of the opinion of the Court of Appeals and the
transcript of this case, in counsel’s professional opinion, further review of
this case would be frivolous and without further merit. Counsel has
informed appellant of his right to seek discretionary review, pro se, and will
inform appellant of this request for extension.
4.) Counsel will file a motion to withdraw as attorney of record in the First
Court of Appeals and will inform appellant, by copy of that motion.
WHEREFORE, premises considered, appellant prays for an extension
of time to file appellant’s petition for discretionary review to and including
October 26, 2015.
Respectfully Submitted,
/S/ Terrence A. Gaiser
TERRENCE GAISER
LAWYER FOR APPELLANT
2900 SMITH STREET, STE. 220
HOUSTON, TEXAS 77006
(713) 225-0666
SBN# 07572500
tagaiser@aol.com
CERTIFICATE OF SERVICE
I CERTIFY THAT A COPY OF THE ABOVE AND
FOREGOING MOTION FOR EXTENSION OF TIME WITHIN
WHICH TO FILE A PDR WAS SERVED ON ALL PARTIES
ACCORDING TO THE RULES.
/S/ Terrence A. Gaiser
TERRENCE GAISER