PD-1633-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
DECEMBER 18, 2015 Transmitted 12/17/2015 9:48:36 AM
Accepted 12/18/2015 3:42:23 PM
ABEL ACOSTA
CLERK
No. _________________
IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT AUSTIN
Billy Keith Mims
Appellant
v.
The State of Texas
Appellee
On Appeal from San Saba County in Case No. 5708, from the
33rd District Court, the Hon. J. Allan Garrett, Judge Presiding
and the Opinion of the Third Court of Appeals in Case No.
03-13-00266-CR, Delivered November 10, 2015.
Motion for Extension of Time to File
Petition for Discretionary Review
TO THE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COME NOW, Billy Keith Mims, by and through David A.
Schulman, his undersigned attorney of record, and respectfully
files this “Motion for Extension of Time to File Petition for
Discretionary Review,” asking that the Court grant a thirty (30)
day extension of time in which Appellant may file a petition for
discretionary review, and would show the Court as follows:
Procedural History
Appellant was convicted of five counts of aggravated sexual
assault of a child and four counts of indecency with a child by
contact. Notice of Appeal was timely given and an appeal
prosecuted. The Court of Appeals’ opinion from which review is
sought was delivered by the Third Court of Appeals for Texas at
Austin, in Case No. 03-13-00266-CR, which was delivered on
November 10, 2015. Appellant’s timely filed motion for rehearing
was overruled by the Court of Appeals on November 30, 2015.
Petition for discretionary review is timely if filed with the Clerk of
the Court or properly addressed and post-marked on or before
December 30, 2015.
Reason Extension Should Be Granted
The undersigned will be representing Appellant in his petition
for discretionary review. The undersigned’s schedule is such that
properly completing the petition by the end of the month is all but
impossible. Consequently, the undersigned requests that the
Court grant an extension of time in which the petition may be filed
for a period of thirty (30) days.
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Prayer
WHEREFORE, PREMISES CONSIDERED, Movant respectfully
prays that this Honorable Court will grant Appellant a thirty (30)
day extension of time in which the petition for discretionary review
may be filed, until January 29, 2016, or until such time as set by
the Court.
Respectfully submitted,
____________________________________
David A. Schulman
Attorney at Law
1801 East 51st Street, Suite 365474
Austin, Texas 78723
Tel. 512-474-4747
Fax: 512-532-6282
eMail: zdrdavida@davidschulman.com
State Bar Card No. 17833400
Attorney for Billy Keith Mims
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Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 392 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
December 17, 2015, a true and correct copy of the above and
foregoing “Motion for Extension of Time to File Petition for
Discretionary Review” was transmitted via the eService function on
the State’s eFiling portal, to Gary W. Bunyard
(g.bunyard@co.llano.tx.us), counsel of record for the State of
Texas, and to Lisa McMinn (Lisa.McMinn@SPA.texas.gov), the
State’s Prosecuting attorney.
_____________________________________
David A. Schulman
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