Bates, Mickey Lee

• Court: Texas Supreme Court
• Decided: September 14, 2015
• Docket: PD-1173-15
• Status: Published

Opinion

PD-1173-15 PD-1173-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/9/2015 4:28:36 PM Accepted 9/14/2015 12:12:23 PM ABEL ACOSTA NO. _____________ CLERK

M ICKEY LEE BATES, § IN THE COURT OF § VS. § CRIMINAL APPEALS § STATE OF TEXAS § OF TEXAS

M O TIO N TO EXTEN D TIM E TO FILE PETITIO N FO R D ISC R ETIO N A R Y R EVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes M ickey Lee Bates, Appellant in the above styled and numbered

cause, and moves for an extension of time of 60 days to file a petition for

discretionary review, and for good cause shows the following:

1. On August 11, 2015, the Court of Appeals overruled appellant's

M otion for Rehearing, and affirmed appellant’s conviction. M ickey Lee Bates v.

State, 06-14-00096-CR. This petition is therefore due on September 10, 2015.

2. Counsel has been unable to complete the petition for the following

reasons: In the last 30 days the undersigned attorney has had hearings and other

scheduled business as set forth below:

August 13, 2015, a scheduled mediation in Greenville, Texas (subsequently

rescheduled;

August 14, 2015, Hearing in Child Protective Services case styled IIO of

Green Children;

September 14, 2015 August 17, 2015, temporary order hearing in a case styled In the Interest of

J.E.S., a Child;

August 21, 2015, Family business in Lewisville, Texas, taking family

member to doctor.

August 25, 2015, Child Protective Services (CPS) docket in 6 th District

Court, Lamar County, Texas

August 26, 2015, C PS Family Group Conference

August 27, 2015, Hearing on M otion to M odify, styled IIO H.K.Y., a Child,

in the 62 nd District Court of Lamar County, Texas

August 31, 2015, final hearing in case styled In the M atter of the M arriage

of Karen Raney and Johnny Raney, in the County Court at Law of Lamar County,

Texas;

September 1, 2015, jury duty in the County Court of Lamar County, Texas;

In addition the undersigned has been recently retained to represent another

client in a case styled Gerald Mac Lowrey v. State, PD-1053-15 in this case. The

application is due on or before October 12, 2015.

3. Defendant is currently incarcerated.

W HEREFORE, PREM ISES CONSIDERED, appellant respectfully

requests an extension of 60 days, i.e. until November 9, 2015, to file a petition for

discretionary review. Respectfully submitted,

Gary L. W aite 104 Lamar Ave. Paris, Texas 75460 (903) 785-0096 (903) 785-0097

By:/s/ G ary L. W aite Gary L. W aite State Bar No. 20667500 garywaite@ sbcglobal.net A t t o r n e y f o r M ic k e y L ee B a te s , 01925935

C ER TIFIC A TE O F SER VIC E

This is to certify that on September 9, 2015, a true and correct copy of the

above and foregoing document was served on the County Attorney's Office, Lamar

County, 119 N. M ain, Paris, Texas 75460, by personal delivery.

/s/ G ary L. W aite Gary L. W aite