PD-1053-15
PD-1053-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
August 17, 2015 Transmitted 8/12/2015 10:19:53 AM
Accepted 8/17/2015 12:18:33 PM
ABEL ACOSTA
CLERK
NO. _____________________
GERALD M AC LOW REY § IN THE COURT OF
§
VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
COURT OF APPEALS NUMBER 06-14-00172-CR
M O TIO N TO EXTEN D TIM E TO
FILE PETITIO N FO R D ISC R ETIO N A R Y R EVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes Gerald M ac Lowrey, Appellant in the above styled and
numbered cause, and moves for an extension of time of 60 days to file a petition
for discretionary review, and for good cause shows the following:
1. On July 14, 2015, the Sixth District Court of Appeals affirmed
appellant's conviction. G erald M ac Low rey v. State, Cause number 06-14-00172-
CR. This petition is therefore due on August 13, 2015.
2. Appellant has indicated to the undersigned attorney that he wishes to
file a Petition for Discretionary Review. The undersigned attorney was
Appellant’s court appointed attorney on appeal to the Court of Appeals. The
undersigned attorney is filing this M otion so that Appellant can make
arrangements to file his Petition for Discretionary Review w ith the Court of
Criminal Appeals. The undersigned is presently representing Appellant for the
limited purposes of filing this M otion. Appellant has been unable to complete the
petition for the following reasons: Appellant is truck driver, and is currently
driving over the road. He does not have the education or training to file his own
Petition for Discretionary Review. Appellant has indicated to the undersigned
attorney that he is without funds to hire an attorney, but believes that he can raise
money within the month to hire an attorney.
3. Defendant is currently free on bond.
W HEREFORE, PREM ISES CONSIDERED , appellant respectfully
requests an extension of 60 days, i.e. until October 12, 2015, to file a petition for
discretionary review.
Respectfully submitted,
Gary L. W aite
104 Lamar Ave.
Paris, Texas 75460
(903) 785-0096
(903) 785-0097
By:/s/G ary L. W aite
Gary L. W aite
State Bar No. 20667500
garywaite@ sbcglobal.net
Attorney for Gerald M ac Lowrey
C ER TIFIC A TE O F SER VIC E
This is to certify that on A ugust 12, 2015, a true and correct copy of the
above and foregoing document was served on the County A ttorney's Office, Lamar
County, 119 N. M ain, Paris, Texas 75460, by personal delivery.
/s/ G ary L. W aite
Gary L. W aite
Lowrey, Gerald Mac
Combined Opinion