PD-1336-15 COURT OF CRIMINAL APPEALS
PD-1336-15
AUSTIN, TEXAS
Transmitted 10/12/2015 12:00:00 AM
CRIMINAL APPEAL CASE NO. ________________ Accepted 10/14/2015 4:16:02 PM
4TH COURT OF APPEALS NO. 04-14-00532-CR ABEL ACOSTA
CLERK
SEAN LEBO § IN THE COURT OF
October 14,§2015
§
VS. § CRIMINAL APPEALS
§
§
THE STATE OF TEXAS § AUSTIN, TEXAS
FIRST MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR WRIT OF DISCRETIONARY REVIEW
NOW COMES APPELLANT, SEAN LEBO, and submits to this Honorable
Court his Motion for Extension of Time to File Petition for Writ of Discretionary Review,
and in support thereof would show:
1. Appellant was convicted by a jury of the misdemeanor offense of Harassment.
alleged to have been committed January 3, 2013. Appellant was convicted, and sentenced to
180 days confinement. Appellant then brought appeal.
2. Appellant was represented at trial by retained attorney Kimbel Ward. That attorney
withdrew at the conclusion of the trial, pursuant to the terms of her employment for trial
purposes. The Appellant desired to appeal, but was indigent and unable to afford her services.
Undersigned attorney was then appointed to represent Appellant on direct appeal.
3. The Honorable Court of Appeals denied the Appellant's direct appeal by a Published
Opinion on August 26, 2015.
4. The Petition for Writ of Discretionary Review was therefore due thirty (30)
days later, on September 25, 2015. Now, within fifteen (15) days of that original due date,
the Appellant moves for an extension of time to file his Petition for Writ of Discretionary
Review.
5. There have been no prior Motions for Extension of time to file the Petition
for Writ of Discretionary Review in this case.
6. Appellant requests a thirty day extension of the September 25, 2015, deadline.
A thirty day extension would extend the deadline to file the Petition for Writ of Discretionary
Review to Monday, October 26, 2015.
7. Although the Appellant was aware that he was not entitled to the continued appointment
of counsel for the purposes of a Petition for Writ of Discretionary Review, he remained unable
to employ counsel during the time after the Honorable Court of Appeals Opinion was released.
8. Undersigned counsel has now agreed to present the Petition for the Appellant, but needs
more time to prepare the Petition.
9. This Motion is not brought for purposes of delay, but so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Motion be
granted and that the time period for filing the Petition for Writ of Discretionary Review
be extended until October 26, 2015.
Respectfully Submitted,
/s/
_____________________________
PATRICK B. MONTGOMERY
SBN 14295350
111 Soledad, Suite 300
San Antonio, TX 78205
TEL (210) 225-8940 FAX(978) 285-4664
ATTORNEY FOR APPELLANT
PatMontgomery@Gmail.com
CERTIFICATE OF SERVICE
I, PATRICK MONTGOMERY, do hereby certify that I have filed the aforegoing
Appellant’s Motion for Extension of Time to File Petition for Discretionary Review with the
state efiling system, and requested service upon counsel for Respondent Bexar County District
Attorney’s Office.
/s/
__________________________
PATRICK B. MONTGOMERY
CRIMINAL APPEAL CASE NO. ________________
4TH COURT OF APPEALS NO. 04-14-00532-CR
SEAN LEBO § IN THE COURT OF
§
VS. § CRIMINAL APPEALS
§
THE STATE OF TEXAS § AUSTIN, TEXAS
ORDER REGARDING APPELLANT’S FIRST MOTION FOR EXTENSION OF
TIME TO FILE PETITION FOR WRIT OF DISCRETIONARY REVIEW
On this the _______ day of _______________________, 20__, came to be heard
Appellant’s Motion for Extension of Time to File Petition for Writ of Discretionary
Review, and it appears to the Court that this Motion should be:
GRANTED / DENIED
IT IS THEREFORE ORDERED that the deadline for filing the Petition for Writ of
Discretionary Review is the ________ day of__________________________,20____.
________________________
JUDGE PRESIDING