PD-1001,1002,1003-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
AUGUST 6, 2015 Transmitted 8/6/2015 1:08:35 PM
Accepted 8/6/2015 3:48:36 PM
ABEL ACOSTA
PD NOS. ________________ CLERK
IN THE COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
On Discretionary Review From the Thirteenth Court of Appeals
at Corpus Christi-Edinburg, Texas
Cause Nos. 13-14-0283-CR, 13-14-0284-CR, 13-14-0285-CR
THE STATE OF TEXAS, Appellant,
V.
CHRISTOPHER SHAWN FELLOWS, Appellee.
THE STATE OF TEXAS, Appellant,
V.
STEVE MARSTON, Appellee.
THE STATE OF TEXAS, Appellant,
V.
PAUL CARTER, Appellee.
APPELLEES’S MOTION TO EXTEND TIME TO FILE
HIS PETITION FOR DISCRETIONARY REVIEW
TO THE JUDGES OF THE COURT OF CRIMINAL APPEALS:
CHRISTOPHER SHAWN FELLOWS, STEVE MARSTON, and
PAUL CARTER, Appellees, by Counsel, BRIAN WICE, file this Motion to
Extend Time to File Petitions for Discretionary Review.
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I.
Appellees were indicted for criminal conspiracy and money
laundering relating to the operation of an alleged illegal gambling
establishment. The trial court granted Appellees’s motion to dismiss the
indictments after finding that their due process rights were violated when
material and exculpatory evidence, POS1, had been destroyed by the
State. On appeal, the court of appeals held that the evidence was neither
material nor exculpatory, reversed the trial court’s order, and remanded
the cases to the trial court. State v. Fellows,
Fellows 2015 WL 3799457 at *10
(Tex.App.– Corpus Christi June 18, 2015)( not designated for publication).
On July 23, 2015, the court of appeals denied Appellees’s motion for
rehearing, but granted their motion to publish. Id. ___ S.W.3d ___, 2015
WL 4504936 (Tex.App.– Corpus Christi July 23, 2015). This petition is
due on August 24, 2015, and this is the first extension sought.
II.
As a result of his involvement in these matters over the last 45 days,
lead counsel is unable to timely file these petition for discretionary review:
State of Texas v. Warren Kenneth Paxton, Jr.
Nos. 416-81913-2015 et seq.
416th District Court of Collin County
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State of Texas v. Dustin Deutsch
No. 1449535 & 1449536: 183rd District Court of Harris County
Motion to Disqualify Defense Counsel: Attorney Pro Tem
Zachs v. Warden, Connecticut State Prison
No. TSR-CV12-4004962-S
Expert Witness: Post-Conviction Writ Hearing
Appellees pray that this motion be granted, and that the time for
filing these petitions be extended until September 23, 2015.
RESPECTFULLY SUBMITTED,
/s/ Brian W. Wice
_________________________________
BRIAN W. WICE
440 Louisiana Suite 900
Houston, Texas 77002-1635
(713) 524-9922 PHONE
(713) 236-7768 FAX
Bar No. 21417800
Wicelaw@att.net
CERTIFICATE OF SERVICE
This petition was served on Joseph Corcoran, Office of the Attorney
General, P.O. Box 12548, Austin, Texas, 78711, and State Prosecuting
Attorney Lisa McMinn, P.O. Box 130046, Austin, Texas, 78711, by e-filing
on August 6, 2015.
/s/ Brian W. Wice
_______________________________
BRIAN W. WICE
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CERTIFICATE OF COMPLIANCE
Pursuant to TEX.R.APP.P. 9.4(1)(i)(1), I certify that this document
complies with the type-volume limitations of TEX.R.APP.P.
.P 9.4(i)(2)(D):
1. Exclusive of the exempted portions set out in TEX.R.APP.P..P 9.4(i)(1),
and pursuant to the Court granting Appellant’s an extension to exceed the
word count, this document contains 511 words.
2. This document was prepared in proportionally spaced typeface using
Word Perfect 8.0 in Century 14 for text and Times New Roman 12 for
footnotes.
/s/ Brian W. Wice
_______________________________
BRIAN W. WICE
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