FILED IN DTi-1 7 01 -1 ^ PD-1301-15
COURT OF CRIMINAL APPEALS c^ 1JU1 -L-J COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
November 2 2015 Transmitted 10/30/2015 4:41:59 PM
Accepted 11/2/2015 12:39:35 PM
ABEL ACOSTA, CLERK INTHE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
LESLIE LEE § APPEALED FROM THE
Appellant COURT OF APPEALS, 6,h DISTRICT
V. § CASENG.06-15-00004-CR ,
TRIAL COURT NO. 42,954-A n '
{<~
TO THE HONORABLE COURT OF APPEALS: {y^ ,<
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 38.6and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereofwould
show the Court as follows:
I.
The Appellant in this cause was convicted in the 188th Disuict 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 November 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 ofDr. William Rotzler (see
letter attached).
Inaddition 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 oflitigation.
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 December 2,2015.
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
AsAttorney of Record for Defendant, I do hereby Certify thata true andcorrect copy of
theabove and foregoing document was thisdate provided to theAttorney forthe State.
Date: 10-30-15
/s/Clement Dunn
Attorney for Appellant
IN THE COURT OF CRIMINAL APPEALS
LESLIE LEE § APPEALED FROM THE
Appellant COURT OF APPEALS, 6th DISTRICT
V- § CASENO.06-15-00004-CR
TRIAL COURT NO. 42,954-A
THE STATE OF TEXAS
APPe»ee § STATE OF TEXAS
ORDER
BE IT REMEMBERED, that on the day of 20 , came
onto be considered the above and foregoing Second Motion for Extension ofTime to File
Appellant's Petition for Discretionary Review. After consideration ofthe same, it is the Opinion
of the Courtthat Appellant's Motion be:
( ) GRANTED, and the present cause is hereby extended until 5
20; ,
( ) DENIED, to which ruling the Appellant excepts.
( ) SET FOR HEARING ON THE day of ,20 ,at
o'clock .
SIGNED:
JUDGE PRESIDING
uci. zb. MM W.vym
XAT
WILLIAM H ROTZLER, M.D.
705 E. MARSHALLAVENUE, SUTTE 50O3y 10NGVEW,7DCAS 75S01 903-23WG35 FM 903-757-3178
Octobers?, 2015
Re: Richard Clement Duxm
To Whomit MayConcern:
Mr. Dmm has been under active care fer chronic smssss whli secondary otitismedia fliat has
shownlimited response to treatment thus fin-.B notonly affects his hearing significantlybutalso
hasan effect on coughing and general endurance. In myoiArionlids ffignif" afiectaMs
ability to function asanactiveattorney in court
Hfacurrent prognosis for xetamto fuUfun^ hetyill becoitsohlns
**3i«iquw special^
Respectrolly *
William HRotzler,MX>. K
WHR/kh
