James, Marcus Louis ( 2015 )

PD-1261-15 PD-1261-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/24/2015 2:25:57 PM Accepted 9/24/2015 4:44:53 PM No. ____________________ ABEL ACOSTA CLERK In The Court of Criminal Appeals September 24, 2015 Of The State of Texas Austin, Texas _________________________________________ MARCUS LOUIS JAMES, Petitioner vs. THE STATE OF TEXAS _________________________________________ MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUSTICES OF SAID COURT: Now comes Marcus James, Appellant in Cause Number 09-14-00360-CR in the Ninth Court of Appeals- Beaumont, and asks this Court to permit the extension of time to file the Petition for Discretionary Review, pursuant to the Texas Rules of Appellate Procedure, and for good cause shows the following: 1. Appellant hereby requests leave of the Court to extend the time to file the Petition for Discretionary Review. The current deadline is September 25, 2015. No previous extensions to file the brief have been requested or granted. 2. Undersigned counsel is preparing for trial in an attempted capital murder case that is set for trial during the week of September 28, 2015. Undersigned counsel has spent significant time preparing for this trial and is unable to complete the Petition in the above matter by the deadline. 3. Additionally, counsel was in felony trial in Jefferson County District Court during most of the week of September 14, 2015. These two previous engagements detracted a significant amount of time from preparing this Petition. 4. Undersigned counsel respectfully requests a 30 day extension of the deadline. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion for Extension of Time to File the Petition for Discretionary Review and for such other and further relief as the Court may deem appropriate. Respectfully submitted, THE GERTZ LAW FIRM 2630 Liberty St. Beaumont, Texas 77702 Tel: (409) 833-6400 Fax: (409) 833-6401 /s/ Ryan W. Gertz By: Ryan W. Gertz State Bar No. 24048489 Attorney for Marcus James CERTIFICATE OF SERVICE This is to certify that on September 24, 2015, a true and correct copy of the foregoing document was served on the Jefferson County District Attorney's Office, 1001 Pearl St., 3rd Floor, Texas 77701, via facsimile at 409-835-8573. /s/ Ryan W. Gertz Ryan W. Gertz