Curtis Ell White v. State

Opinion

Cause NO.14-13-00767-CR

FILED IN 14th COURT OF APPEALS HOUSTON.TEXAS IN THE FOURTEEN TH Curtis Ell 'White § Appellant,Pro se OCT 15 2015 § COOURT OF APPE Christopher a. prine § clerk vs HOUSTON,TEXAS § The State of Texas Appellee §

APPELLANT CURTIS ELL WHITE'S MOTION TO EXTEND TIME TO FILE

MOTION FOR EN BANC RECONSIDERATION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Curtis Ell White, T.D.C.J.-ID#301859', Pro se ,

Appellant in the above styled and referanced cause number .Appelis:

ant White asks this Honorable Court to extend the time to allow

him to file his Motion for En Banc Reconsideration. Appellant

will respectfully show this Court': the following:

1. Procedural History

Appellant Curtis Ell White indicted and convicted of Aggravated

Robbery,29.03, Penal Code, in the 183rd District Court,Harris

County, Texas- A jury convicted Appellant White and sentenced

him to 25 years imprisonment. Appellant White unable to retain

Counsel for appellate purposes, the District Court appointed hirn

Juan M. Contreras/Jr to represent him on Direct Appeal. Counsel re

presented two (2) points of review. This Court affirmed appella.- ant's conviction on august 20,2015.Appellant timely notified the

1. of his intent to file a; Motion for En Banc Resonsideration.App

ellant filed an Extention for time to fiel an En Banc Reconsider

ation.

This motion is filed within the 10 - day deadline.Texas Rules

of Appellate Procedure 49.8.

B. Argument and Authorities

The Court may grant an extention of time under Texas: Rules

of Appellate Procedure Rule, 10.5(b)(1).

The deadline to file the Motion to extend time to file a Motion

for En Banc Reconsideration is October 22,2015.Appellant White re

quest an additional 30 days to file his Motion for En Banc Recons

ideration .Appellant White needs additional time to file the Motion

for En Banc Reconsideration, inlight of the fact that the unit

went on lock-down status on September 14,2015. The unit dis not :.

return to normal operations until October 5,2015. Furthermore,

since Texas Department of Criminal Justice has discontinued

it's contract with West Publishing. :;• Texas Department of Criminal

Justice then began, to use Lexis Nexus. However, the unit has

had problems with the budget and obtaining toners to operate the copier.Therefore, he has been unable to perfect his Motion for En Banc Reconsideration, with no caselaw available .

PRAYER

For these reasons, Appellant White asks this Court to grant

his Motion for extention of time to file his Motion for En Banc

Reconsideration until November 21,2015.

A. Curtis Ell White T.D.C.J.-ID#30i859 Allen B.Polunsky Unit 3872 FM 350 South Livingston,Texas 77351

CERTIFICATE OF SERVICE

I, Curtis Ell White,T.D.C.J.-ID#301859,certify that the forego

ing Motion for extention of tiem to file a Motion for En Banc Re

consideration has been placed inthe Allen B.Polunsky Unit mailbox

on October 09,2015, postage prepaid, first class mail addressed

to the following address:

Fourteenth Court of Appeals Christoper A.Prine,Clerk 301 Fannin ,Suite 245 Houston,Texas 77002

Curtis Ell Wl-iit* T.D.C.J.-1D#301859 Date:October 09,2015

Court of Appeals 301 Fannin,Suite,245 Christoper Prine,Clerk Houston,Texas 77002

Re:Curtis Ell Wnite vs.The State of Texas;Cause No.14-13-00767-CR Trial Court Case number 1372505

Dear Clerk,

Enclosed please find one (1) Original and one (1) copy of Appellant Curtis Ell White's Motion for extention of time to file a Motion for En Banc Reconsideration. Please file this motion with the Court and bring it to the Court's attention. Finally, please find one Self Addressed Self Addressed Stamped Envelope, please file stamp my copy and return it to me at your earliest convenience.

Thank you;:! for your time and kind assistance in this matter.

Thank you,

Curtis Ell White 3872 FM 350 South Allen B.Polunsky Unit T.D.C.J .-ID#301859 Livingston,Texas 77351 •w-

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