PD-1392-15 PD-1392-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/27/2015 1:51:08 PM
October 27, 2015 Accepted 10/27/2015 5:04:05 PM
ABEL ACOSTA
No. ___________ CLERK
In the
COURT OF CRIMINAL APPEALS
______________________________________
On Appeal from the 361st Judicial District Court of
Brazos County, Texas, Cause Number 12-05502-CRF-361;
and the Opinion of the Seventh Court of Appeals
in Cause Number 07-15-00016-CR, Delivered October 22, 2015
______________________________________
LAWRENCE PENA
v.
THE STATE OF TEXAS
_____________________________________
MOTION FOR EXTENSION OF TIME TO FILE
PRO SE PETITION FOR DISCRETIONARY REVIEW
______________________________
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, Kristen Jernigan, the undersigned attorney of record for
Lawrence Pena, the Appellant, herein, and files this Motion for Extension of Time
to File Pro Se Petition for Discretionary Review. As set out below, the undersigned
respectfully requests a sixty-day extension so that Appellant can file his Pro Se
Petition for Discretionary Review. In support of said motion, the undersigned
would show the Court the following:
1. Appellant’s Petition for Discretionary Review is currently due in this
case on November 21, 2015.
2. Appellant seeks an extension of thirty days in which to file his
Petition for Discretionary Review, making his Petition due on or before December
21, 2015.
3. The undersigned counsel will not be representing Appellant after the
filing of this motion. Appellant will now have to obtain and review the record in
order to prepare and file a Pro Se Petition for Discretionary Review. The
undersigned believes that there is insufficient time between now and November 21,
2015, to accomplish those goals. Consequently, the undersigned respectfully
requests that the Court grant Appellant the additional time.
4. The undersigned has not filed any previous motions for extension of
time in this case.
5. For the reasons set forth above, the undersigned respectfully requests
that Appellant be granted an extension of thirty days so that his brief in this case
will now be due on December 21, 2015.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the undersigned
respectfully requests that this Court grant this Motion for Extension of Time to File
Pro Se Petition for Discretionary Review.
Respectfully submitted,
_______/s/__Kristen Jernigan______
KRISTEN JERNIGAN
State Bar Number 90001898
207 S. Austin Ave.
Georgetown, Texas 78626
(512) 904-0123
(512) 931-3650 (fax)
Kristen@txcrimapp.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing Appellant’s Motion for Extension of Time has been mailed to the Brazos
County District Attorney’s 300 E. 26th Street, Bryan, Texas 77803 on October 27,
2015.
__/s/ Kristen Jernigan__________________
Kristen Jernigan
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