PD-0525-15
PD-0525-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 6, 2015 Transmitted 5/5/2015 3:25:58 PM
Accepted 5/6/2015 1:12:36 PM
ABEL ACOSTA
CAUSE NO. 04-14-00344-CR CLERK
CHRISTOPHER ALAN LEMASTER, § IN THE COURT OF APPEALS
Appellant §
VS. § IN SAN ANTONIO, TEXAS
§
THE STATE OF TEXAS, § 4th JUDICIAL DISTRICT
Appellee
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, CHRISTOPHER ALAN LEMASTER, Appellant, and files
this Motion for Extension of Time to File Appellant's Brief, pursuant to Rules
10.5(b) and 68.2(c), Texas Rules of Appellate Procedure. In support of this Motion,
Appellant would show the following:
I.
On April 8, 2015, the 4th Court of Appeals affirmed the trial court’s judgment,
in the case styled Christopher Alan LeMaster vs. State of Texas, Cause No. 04-14-
00344-CR. No motion for rehearing or motion for en banc reconsideration was filed.
II.
Appellant’s Petition for Discretionary Review is currently due to be filed on
May 8, 2015. Counsel for Appellant requires an extension of forty-five (45) days
within which to complete and file Appellant’s Petition for Discretionary Review in
this cause. This is Appellant’s first request for extension of time.
III.
Counsel was hired May 1, 2015, by Appellant to work on this matter. Counsel
for Appellant has worked diligently on Appellant’s Petition for Discretion Review
since being hired, but has been, and will be, unable to complete it by the current due
date for the following reason:
1. The week of May 4, 2015, and the week of May 11, 2015, Counsel for
Appellant has numerous, previously set, pretrial and trial settings in the county and
district criminal courts of Bexar County, Texas.
IV.
This request is not made for the purpose of delay, but rather this request is
made to allow counsel adequate time to prepare Appellant’s Petition for
Discretionary Review. Appellant moves this Court for an order granting an
extension of forty-five (45) days, or until June 19, 2015, for Appellant to submit
the Petition for Discretionary Review in this case.
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court
for an order granting an extension of forty-five (45) days, for Appellant to submit
the Petition for Discretionary Review in this case.
Respectfully submitted,
/s/ Daniel De La Garza
DANIEL DE LA GARZA
TBA No. 24077965
1800 McCullough
San Antonio, Texas 78212
Telephone: (210) 263-1146
Facsimile: (210) 855-6274
Email: Daniel.DeLaGarza@Me.com
COUNSEL FOR APPELLANT,
CHRISTOPHER ALAN LEMASTER
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned
counsel of record certifies that the motion contains 551 words.
/s/ Daniel De La Garza
DANIEL DE LA GARZA
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion
for Extension of Time to File Appellant's Brief was delivered via email through
eFile.TXCourts.gov, to the Bexar County District Attorney's Office, Appellate
Division, 101 W. Nueva, San Antonio, Texas 78204 on this the 5th day of May 2015.
/s/ Daniel De La Garza
DANIEL DE LA GARZA
CAUSE NO. 04-14-00344-CR
CHRISTOPHER ALAN LEMASTER, § IN THE COURT OF APPEALS
Appellant §
VS. § IN SAN ANTONIO, TEXAS
§
THE STATE OF TEXAS, § 4th JUDICIAL DISTRICT
Appellee
ORDER
It is the order of the Court that the foregoing Motion for Extension of Time to
File Appellant’s Petition for Discretionary Review is GRANTED, and the deadline
for filing Appellant’s Petition for Discretionary Review is extended to June 19, 2015.
SIGNED this the _____ day of _______________, 2015.
__________________________________
JUDGE PRESIDING
Lemaster, Christopher Alan
Combined Opinion