FILED IN PD- 13 01-15 PD-1301-15
COURT OF CRIMINALAPPEALS *U -L 3 U J- -L Z> COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
December 4, 2015 Transmitted 12/2/2015 4:42:30 PM
Accepted 12/4/2015 12:01:16 PM
ABEL ACOSTA, CLERK IN THE COURT OF CRIMINAL APPEALS ABEL AC°Ht
CLERK
LESLIE LEE § APPEALED FROM THE
Appellant COURT OF APPEALS, 6th DISTRICT
V. § CASE NO. 06-15-00004-CR
TRIAL COURT NO. 42,954-A
THE STATE OF TEXAS
Appellee § STATE OF TEXAS
THIRD MOTION FOR EXTENSION OF TIME VJ ~ .
TO FILE PETITION FOR DISCRETIONARY REVIEW \ °
TO THE HONORABLE COURT OF APPEALS: ji.
NOW COMES, LESLIE LEE, the Appellant herein, and moves the Court for an
extension of time to file Appellant's Petition for Discretionary Review in this cause, pursuant to
Rules 38.6 and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would
show the Court as follows:
I.
The Appellant in this cause was convicted in the 188th District Court of Gregg County,
Texas in cause number 42,954-A for the offense of Theft.
II.
The Court of Appeals' opinion on remand was delivered on September 1, 2015.
Appellant's Petition for Discretionary Review is due on or about December 2, 2015.
III.
The Appellant hereby requests a second extension of time to file Appellant's Petition for
Discretionary Review.
The undersigned counsel has been unable to devote sufficient time to the review ofthe
record, research and preparation of Appellant's Petition for Discretionary Review for the
following good and sufficient reasons:
Counsel for the defendant is still ill and is under the care of Dr. William Rotzler (see
letter attached).
In addition to the above-listed matter, the undersigned counsel has been involved with a
very busy trial and appellate schedule and is involved in numerous other felony
and misdemeanor cases at various stages of litigation.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of
Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant's
Petition for Discretionary in this cause for an additional thirty days, to January 4, 2016.
RESPECTFULLY SUBMITTED,
/s/Clement Dunn
Attorney for Appellant
140 E. Tyler Street, Suite 240
Longview, TX 75601
(903) 753-7071 Fax (903) 753-8783
State Bar # 06249300
CERTIFICATE OF SERVICE
As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of
the above and foregoing document was this date provided to the Attorney for the State.
Date: 12-02-15
/s/ Clement Dunn
Attorney for Appellant
IN THE COURT OF CRIMINAL APPEALS
LESLIE LEE § APPEALED FROM THE
Appellant COURT OF APPEALS, 6th DISTRICT
V. § CASE NO. 06-15-00004-CR
TRIAL COURT NO. 42,954-A
THE STATE OF TEXAS
Appellee § STATE OF TEXAS
ORDER
BE IT REMEMBERED, that on the day of , 20 , came
on to be considered the above and foregoing Third Motion for Extension of Time to File
Appellant's Petition for Discretionary Review. After consideration of the same, it is the opinion
of the Court that Appellant's Motion be:
( ) GRANTED, and the present cause is hereby extended until ,
20 .
( ) DENIED, to which ruling the Appellant excepts.
( ) SET FOR HEARING ON THE day of ,20 , at
o'clock .
SIGNED:
JUDGE PRESIDING
IUI. jv. iv \J 1,1.. tunro
William HRotzfer, MD
705 E Marshall Ave. Suite 5003
Longview, TX 75601
Phone:903-236-3035
Fax: 903-757-3178
November 30,2015
Re: Richard Dement Dunn
ToWhom It MayConcern,
Mr. Dunnes has been underactive care for chronic sinusitis with secondary otitis media
that has shown limited response to treatmentthus far. It not onlyaffects his hearing
significantly but also has an effect on general endurance. In my opinion this significantly affects
his ability to function as an active attorney in court.
His current prognosis for return to full function is at feast until December 18,2015, as he has
been consulting with another specialist as well. If you have any further inquiries, please feel
freeto contact my office.
Sincerely,
it*
William HRotzler, M.D.
WHR/ad