Desilets, Paul Ray

Court of Appeals of Texas·Decided July 27, 2015·No. WR-76,998-02·Published

Opinion

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Paul R. Desilets T.D-C-J.# 1581093

7405 hwy 75 S Huntsville-Texas 77344 Goree Unit

July 15 2015

HE@EWE@ m ,, Ms. Barbra Gladden Adamick @@UHT OF CRHWNM_ AP;BEALS

District Clerk Montgomery County JUL g? zm§ 301 N. Main St. P.o. Box 2985

Conroe Texas 77305 _ ‘B\r@@w/Q@@Si@,©n@l?g(

RE: Cause No. 08-12-11262-CR#II, Paul Desilets.v. State Of Texas;

Dear Ms. Adamick,

_Please find enclosed Applicant's Motion`For Extension Of Time. 1 Could you please file this with the Court and bring it to there attention, also could you please time stamp and return to above offender. This offender is indigent

and T.D.C.J. will not allow him to forward a stamped envelope.

Thank You for your assistance in this matter.

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CAUSE NO. OS-lZ~llZ€Z-CR-II

PAUL R. DESILETS IN THE DISTRICT OF

v. THE 359th JUDICIAL DISTRICT

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THE STATE OF`TEXAS MONTGOMERY COUNTY, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE OBJECTION UNDER 33.1 TO STATE'S ANSWER AND FINDING OF FACTS WITH CONCLUSION OF LAW

TO THE HONORABLE JUDGE OF THE 359th DISTRICT COURT OF MONTGOMERY COUNTY, TEXAS;AND THE JUSTICES OF THE COURT OF CRIMINAL APPEALS:

NOW COMES, Paul R.Desilets, Applicant, in the above cause, and files this his Motion For Extension Of Time, Pursuant to R. 79.6 of the Rules Of Appellate Procedure, and in complying with R. lO;5(b) of the Rules of Appellate Procedure.

In support of this Motion, Applicant will show the Honorable Court the

following;

I.

Applicant in the above cause is currently incarcerated in the T.D.C.J. in 4 Walker County, Huntsville Texas. Applicant is filing under equatible tolling and requests this Honorable Court extend his time to file an objection under 33.1, of the Rules of Appellate Procedure. qurton v. Cockrell, 334 F3d 433 (5th~Cir 2003). This due-to his extrodinary circumstances that are beyound his controll and his

limited access to a condensed law library.

II. ' V

On October 6, 2014, Applicant filed his application for writ of habeas corpus under article 11.07. On July 6, 2015, the State field it's third answer along with it's finding of facts and conclusion of law. Now Applicant requests a Motion for Extension Of Time, and states; The contents of the Motion will be an objection to several issues of error in State's answer and finding of facts

?, and concgusion of law, that he has only 15 day's in which to file his objection.

Applicant is requesting only a 30 day extension to file his objection/ is

incarceated and has limited time and resorces and has filed no other requests for

$ extensioh.

III. coNcLUSIoN

It is obvious from the State's answer, finding of facts and conclusion of .law that a grasping of straws is evident. Applicant wishes to object to several

point os error which are not consistant with the record and the facts of his trial.

IV. PRAYER

Wherefore, Premises Considered, Applicant, Paul R. Desilets Prays that this Honorable Court Grant his Motion For Extension Of Time to file his objection

l

to the Statels answer, finding of facts and conclusion of law. 1

Paul R. Desilets

INMATE DECLARATION

I, Paul R. Desilets, being presently incarcerated in the Goree Unit of the Texas Department of Criminal Justice, declare~under penalty of purjury, Pursuatn to

28 U.S.C. § 1746, that the facts in this Motion are true and correct.

Executed on this . day of July, 2015

;//¢,,~» tfully~§ubmitted_

m

Desilets

CERTIFICATE OF SERVICE

I, Paul R. Desilets, being presently incarcerated in Walker County, Texas and under penalty of purjury pursuant to 28 U.S.C. § 1746, do hereby affirm that I have delivered a copy of this Motion to the prison mailroom officials for delivery to the following;

Abel Acosta, Clerk Barbra Gladden Adamick

Court of Criminal Appelas District Clerk, Montgomery County Capitol Station 301 n. Main St.

Austin Texas 78711 Conroe Texas 77305

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Related

Egerton v. Cockrell
334 F.3d 433 (Fifth Circuit, 2003)