Click, Marcus Edward ( 2015 )

PD-0326-15
PD-0326-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/26/2015 11:42:23 AM
March 26, 2015
Accepted 3/26/2015 1:31:40 PM
NO. ___________________ ABEL ACOSTA
CLERK
MARCUS EDWARD CLICK § IN THE COURT OF CRIMINAL APPEALS
§
v. § STATE OF TEXAS
§
THE STATE OF TEXAS § AUSTIN, TEXAS
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES, the Appellant, MARCUS EDWARD CLICK, and moves for an extension
of time to file the Appellant’s Petition for Discretionary Review in this case, and in support thereof
would show the following:
I.
a. This case is pending below in the 355th of Hood County, Texas under Cause No.
CR12270, styled State of Texas v. Marcus Edward Click. It is also pending in the
Fort Worth Court of Appeals under case number 02-14-00247-CR.
b. Appellant was convicted of Intoxication Manslaughter and sentenced to 10 years
imprisonment in the Texas Department of Criminal Justice. The judgment date was
May 27, 2014. Appellant is currently in prison. On February 26, 2015, the Court of
Appeals affirmed the conviction.
c. The deadline for filing the Appellant’s Petition for Discretionary Review was March
28, 2015.
d. Appellant requests an extension until April 28, 2015, to file the Petition for
Discretionary Review.
e. The reason for this request is that counsel has filed the following documents within
the last 30 days:
1. Brief in Lisa Ann Trevino a/k/a Lisa Ann Diaz v. State of Texas, No. 05-15-
00043-CV, in the Dallas Court of Appeals.
Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 1
2. Applications for Writs of Habeas Corpus in Ex Parte Keith Allen Jones, Trial
Court No. 2011-1299-C2, in the 54th District Court of McLennan County,
Texas.
3. Brief in Ricardo Beltran v. State of Texas, No. PD-1076-14, in the Court of
Criminal Appeals in Austin, Texas.
4. Supplemental Reply to Government’s Response to Motion to Vacate, Set
Aside, or Correct Sentence Under 28 U.S.C. §2255 in Derick L. Jimerson v.
United States, No. 4:13-CV-523, in the United States District Court for the
Eastern District of Texas.
5. Application for Writ of Habeas Corpus in Ex Parte Paul Joseph Lair, Jr.,
Trial Court No. 1152604D, in the 213th District Court of Tarrant County,
Texas.
6. Motions for New Trial in State of Texas v. Mohsin Zia, Nos. F13-33179-LM
and F13-33180-LM, in the 194th District Court of Dallas County, Texas.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this Motion
be granted.
Respectfully submitted,
/s/ Gary A. Udashen
GARY A. UDASHEN
Texas State Bar No. 20369590
ROBERT N. UDASHEN, P.C.
Bar Card No. 20369600
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
ATTORNEYS FOR APPELLANT
Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Motion for
Extension of Time to File Appellant’s Brief was electronically delivered to the Hood County District
Attorney's Office, 1200 W. Pearl Street, Granbury, Texas 76048, and to the State Prosecuting
Attorney, P. O. Box 12405, Austin, Texas 78711, on this the 26th day of March, 2015.
/s/ Gary A. Udashen
GARY A. UDASHEN
Motion for Extension of Time to File Appellant’s Petition for Discretionary Review - Page 3