Ex Parte: Patrick Temple

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-92-164-CR

EX PARTE: PATRICK TEMPLE,

APPELLANT

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT

NO. 920697, HONORABLE JON N. WISSER, JUDGE

PER CURIAM

This is an appeal from an order of the district court, entered following a hearing on appellant's writ of habeas corpus, remanding appellant to custody for extradition to Louisiana.

Appellant does not challenge the adequacy of the governor's warrant or the supporting documents. He admits his identity as the person demanded. Appellant's only point of error is that the district court erred by denying him a further continuance of the hearing on his writ of habeas corpus.

Appellant's application for writ of habeas corpus was filed on February 13, 1992. The writ issued and a hearing was held on March 9. At this hearing, appellant asserted that he was not in Louisiana on the day the alleged offense was committed, and claimed that he was in the process of obtaining documentary proof to substantiate this claim. He asked the court for additional time to secure this evidence. This request was granted.

This cause was next called for a hearing on March 30. Appellant told the court that the evidence he sought still had not arrived. He asked for a further continuance of "a couple of three weeks." The court denied the request for a further continuance.

Appellant has not shown that the district court abused its discretion in overruling his motion for further continuance. See Ex parte McCarthy, 472 S.W.2d 759 (Tex. Crim. App. 1971).

The order of the district court is affirmed. No motion for rehearing will be entertained.

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith; Justice B. A. Smith not

participating]

Affirmed

Filed: July 1, 1992

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