PD-0173-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/26/2015 4:00:26 PM
Accepted 10/27/2015 5:21:29 PM
ABEL ACOSTA
CASE NO. PD-0173-15 CLERK
In the Court of Criminal Appeals
Austin, Texas
GORDON RAY LEWIS
Petitioner
FILED IN
COURT OF CRIMINALAPPEALS
V.
October 27, 2015
ABELACOSTA, CLERK STATE OF TEXAS
Respondent
Appealed from the Second Court of Appeals
Fort Worth, Texas
Court of Appeals Cause No. 02-13-00367-CR
MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR
REHEARING OF PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES Gordon Ray Lewis, petitioner, who makes and files the
following motion for extension of time in which to file a motion for
rehearing of his petition for discretionary review, and in support thereof
would respectfully show:
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I.
CERTIFICATE OF CONFERENCE
This is to certify that a conference was held with the state's
prosecuting attorney regarding the merits of this motion and the requested
relief. Counsel for the state's prosecuting attorney advised that she did not
oppose the requested relief.
II.
On October 14, 2015, this Court refused Gordon Ray Lewis' petition
for discretionary review seeking to appeal his conviction and sentence.
III.
Based on the calculations of petitioner's counsel, the motion for
rehearing in this matter is due October 29, 2015.
IV.
Petitioner seeks an additional seven days in which to file his motion
for rehearing of his petition for discretionary review.
V.
Good cause exists for this extension. Counsel for petitioner was
engaged in a lengthy contempt hearing in cause number 90927, styled
National Lloyds Insurance Company v. Ervin Lee, in the 40th Judicial
District Court of Ellis County, Texas. Additionally, counsel is scheduled to
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take the post judgment deposition of the defendant in that same cause
October 27, 2015. Additionally, counsel for petitioner is scheduled to
attend prepaid continuing legal education in Austin, Texas on October 29
and 30, 2015.
VI.
Petitioner Gordon Ray Lewis is currently incarcerated in the Texas
Department of Criminal Justice, Institutional Division, serving a life
sentence.
WHEREFORE, PREMISES CONSIDERED, petitioner prays that his
motion for extension of time to file a motion for rehearing of his petition for
discretionary review in the above styled and numbered cause be sustained,
and that he have up to and including November 5, 2015 in which to file his
motion for rehearing. Petitioner prays for such other and further relief,
both general and special, at law or in equity, to which he may show himself
to be justly entitled.
Respectfully submitted,
By: Is IMichael W. Minton
Michael W. Minton
State Bar No. 14194550
THE LAW OFFICES OF
MICHAEL W. MINTON, P.L.L.C.
6100 Western Place, Suite W0541
Fort Worth, Texas 76107
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mminton (5) mintonlaw.com
Telephone: 817-377-9200
Facsimile: 817-377-9201
CERTIFICATE OF SERVICE
I hereby certify that on October 26, 2015, a true and correct copy of the
above and foregoing document was sent via electronic service and/or
facsimile transmittal to all counsel of record in the above-styled and
numbered cause.
/s/Michael W. Minton
MICHAEL W. MINTON
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