Winzer, Henry Andre

PD-1174-15 PD-1174-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/10/2015 11:40:15 AM September 14, 2015 Accepted 9/14/2015 12:23:13 PM NO. ___________________ ABEL ACOSTA CLERK HENRY ANDRE WINZER § IN THE COURT OF CRIMINAL APPEALS § v. § STATE OF TEXAS § THE STATE OF TEXAS § AUSTIN, TEXAS MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES, the Appellant, HENRY ANDRE WINZER, and moves for an extension of time to file the Appellant’s Petition for Discretionary Review in this case, and in support thereof would show the following: I. a. This case is pending below in the 422nd District Court of Kaufman County, Texas under Cause No. 14-00334-422-F, styled State of Texas v. Henry Andre Winzer. It is also pending in the Dallas Court of Appeals under case number 05-14-01079-CR. b. Appellant was convicted of Aggravated Assault with a Deadly Weapon and sentenced to 5 years imprisonment in the Texas Department of Criminal Justice. The judgment date was July 30, 2014. On August 18, 2015, the Court of Appeals affirmed the conviction. c. The deadline for filing the Appellant’s Petition for Discretionary Review was September 17, 2015. d. Appellant requests an extension until October 17, 2015, to file the Petition for Discretionary Review. e. The reason for this request is that during the last few weeks counsel has been working on the following: 1. Filing of Petition for Writ of Certiorari in Robert Blake Adams v. William Stephens, Director, TDCJ-ID, with the United States Court of Appeals. Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 1 2. Petition for Discretionary Review in Todd Allen Reich v. State of Texas, No. PD-1081-15, in the Texas Court of Criminal Appeals. WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this Motion be granted. Respectfully submitted, /s/ Gary A. Udashen GARY A. UDASHEN Texas State Bar No. 20369590 SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion for Extension of Time to File Appellant’s Petition for Discretionary Review was electronically delivered to the Kaufman County District Attorney’s Office, 100 W. Mulberry, Kaufman, Texas 75142, and to the State Prosecuting Attorney, P. O. Box 12405, Austin, Texas 78711, on this the 10th day of September, 2015. /s/ Gary A. Udashen GARY A. UDASHEN Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 2