Christina Lyons v. State

Opinion

ACCEPTED 03-12-00474-CR 4890537 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/14/2015 8:01:53 PM JEFFREY D. KYLE CLERK NO. 03-12-474-CR

CHRISTINA LYONS * IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS Appellant * AUSTIN, TEXAS 4/14/2015 8:01:53 PM VS. * OF THE THIRD JEFFREY D. KYLE Clerk * SUPREME JUDICIAL * DISTRICT OF TEXAS

THE STATE OF TEXAS * Appellee * AT AUSTIN TEXAS

MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING AND RECONSIDERATION

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW, CHRISTINA LYONS, Appellant, and files this Motion for an

Extension in which to file a Motion for Rehearing and Reconsideration. In support

of this motion, appellant shows the Court the following:

I.

The Appellant was convicted in the District Court of Hays County, Texas of

the offense of Capital Murder. The Appellant was assessed life without the possibility

of parole

II.

The deadline for filing the Motion for rehearing and reconsideration is April,

2015 and Appellant has requested one previous extensions.

III. Attorney for the Appellant would further show the Court that he has been

diligent in preparing a motion for rehearing in this case. Counsel has reviewed the

Court’s opinion and is drafting Appellant’s response, but will be unable to file said

response by the deadline due to a his trial and appellate docket. Counsel has had

several trial dockets in the last thirty days in multiple counties that required extensive

work up. In addition, Counsel is arguing in the Court of Criminal Appeals on a death

case on April 15 and that required more preparation than anticipated, and counsel was

unable to finish the motion.

WHEREFORE, Appellant prays the Court grant this Motion and extend the

deadline for filing a Motion for Rehearing and Reconsideration to May 15, 2015.

Respectfully Submitted,

ARIEL PAYAN Attorney at Law 1012 Rio Grande Austin, Texas 78701 (512) 478-3900 (512) 472-4102 (fax)

/s/ Ariel Payan ARIEL PAYAN State Bar No. 00794430 Arielpayan@hotmail.com

CERTIFICATE OF SERVICE By my signature above, I hereby certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Motion for Rehearing and Reconsideration has been delivered to the Criminal District Attorney of said County Texas, on April 14, 2015.