Davis, Germain Lawon

Opinion

PD-1335-15 PD-1335-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 10/12/2015 12:00:00 AM Accepted 10/12/2015 5:18:10 PM ABEL ACOSTA

NO. 01-13-00947-CR CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

FROM THE FIRST SUPREME JUDICIAL DISTRICT

GERMAIN LAWON DAVIS, APPELLANT VS.

STATE OF TEXAS, APPELLEE

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TERRENCE GAISER

LAWYER FOR

APPELLANT

2900 SMITH STREET, # 220

HOUSTON, TEXAS 77006

October 12, 2015 SBOT# 07572500 713/ 225-0666

tagaiser@aol.com

NO. 1330760

STATE OF TEXAS § IN THE DISTRICT COURT §

VS. § HARRIS COUNTY,TEXAS §

GERMAIN LAWON DAVIS § 182ND JUDICIAL DISTRICT

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

NOW COMES GERMAIN DAVIS, appellant in the above-captioned cause, by and through his attorney, TERRENCE GAISER, and files his Motion for Extension of Time Within Which to File Appellant’s Petition for Discretionary Review; for which he would show: 1.) Appellant appeals from a judgment of guilt and sentence of life without parole the offense of capital murder 2.) On September 24, 2015, a panel of the First Court of Appeals in Cause No. 01-13-00947-CR, Germain Lawon Davis v. State of Texas, issued a memorandum opinion affirming appellant’s conviction. No motion for rehearing was filed.. Appellant’s Petition for Discretionary Review is due on Monday, October 26, 2015. This is the first requested extension. Appellant requests a thirty-day extension to and including November 26, 2015. 3.) This extension is being sought for the following reasons:

After fter careful review of the opinion of the Court of Appeals and the transcript of this case, in counsel’s professional opinion, further review of this case would be frivolous and without further merit. Counsel has informed appellant of his right to seek discretionary review, pro se, and will inform appellant of this request for extension. 4.) Counsel will file a motion to withdraw as attorney of record in the First Court of Appeals and will inform appellant, by copy of that motion.

WHEREFORE, premises considered, appellant prays for an extension of time to file appellant’s petition for discretionary review to and including October 26, 2015.

Respectfully Submitted,

/S/ Terrence A. Gaiser

TERRENCE GAISER

LAWYER FOR APPELLANT

2900 SMITH STREET, STE. 220 HOUSTON, TEXAS 77006

(713) 225-0666

SBN# 07572500

tagaiser@aol.com

CERTIFICATE OF SERVICE

I CERTIFY THAT A COPY OF THE ABOVE AND FOREGOING MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE A PDR WAS SERVED ON ALL PARTIES ACCORDING TO THE RULES.

/S/ Terrence A. Gaiser

TERRENCE GAISER