PD-1390-15
PD-1390-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/26/2015 3:16:09 PM
Accepted 10/27/2015 4:29:30 PM
ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
DUANE REID
October 27, 2015
VS.
THE STATE OF TEXAS
FROM THE SECOND COURT OF APPEALS
FORT WORTH
NO. 02-14-00376-CR
APPEALED FROM 271ST DISTRICT COURT
WISE COUNTY, TEXAS
TRIAL NUMBER CR17125
MOTION TO EXTEND TIME OF FILING OF PETITION FOR DISCRETIONARY
REVIEW TO THE COURT OF CRIMINAL APPEALS.
This motion is brought by the Applicant DUANE REID, who moves the Court
to permit him to file this Application late and would show the Court the following:
I
The opinion of the Court of Appeals is dated September 24, 2015. The
correct statutory time for filing a Petition for Discretionary Review is within 30 days,
October 26, 2015.
This motion is brought within 15 days of October 26, 2015.
II.
The attorney for the applicant has within the last 45 days served as chief
counsel in two felony and several misdemeanor jury trials. The time and effort in the
preparation of the aforementioned jury trials caused the counsel for the Applicant to
not file the Petition for Discretionary Review within the 30 days. As a result of the
aforementioned activities counsel for Appellant, reasonably believes that the
Petitioner for Discretionary Review will be filed with this Court within thirty (30) days
of the October 26, 2015, date.
The granting of this motion should not delay any action that would otherwise
take place.
WHEREFORE PREMISES CONSIDERED, Applicant prays that this Court
grant this request to file the Petition for Discretionary Review.
Respectfully submitted,
/s/ Abe Factor_____________________
Abe Factor
Attorney for Appellant
State Bar No. 06768500
FACTOR & CAMPBELL
5719 Airport Freeway
Fort Worth, TX 76117
(817) 222-3333
(817) 222-3330 (fax)
lawfactor@yahoo.com
CERTIFICATE OF SERVICE
I, ABE FACTOR, DO HEREBY CERTIFY THAT A TRUE AND CORRECT
COPY OF THE ABOVE AND FOREGOING INSTRUMENT HAS BEEN DELIVERED
TO THE ATTORNEY FOR THE STATE AND TO THE STATE PROSECUTING
ATTORNEY AUSTIN, TEXAS.
On this the 26th day of October, 2015.
/s/ Abe Factor_____________________
Abe Factor
Reid, Duane
Combined Opinion