Germain Lawon Davis v. State

Opinion

TERRENCE A. GAISER Attorney at Law 2900 Smith Street, Suite 220 FILED IN 1st COURT OF APPEALS Houston, Texas 77006 HOUSTON, TEXAS (713) 225-0666 10/13/2015 2:42:10 PM CHRISTOPHER A. PRINE Clerk October 6, 2015

Mr. Germain Lawon Davis SPN # 02507078 Harris County Jail 1200 Baker Street Houston, Texas 77002

Re: Germain Lawon Davis v. State of Texas, Cause Number 01-13-00947- CR

Dear Mr. Davis:

Enclosed are copies of the opinion of the Court of Appeals in your case, a motion for extension of time for you to file a pro se petition for discretionary review in the Court of Criminal Appeals, and a copy of my motion to withdraw as attorney of record. I am sorry to say that, in my professional opinion further appeal would be pointless.

Should you have any questions, please let me know.

Thank you for your attention in this matter.

Sincerely,

Terrence Gaiser TG/cc

Enclosures

CMRRR 7014 0510 0000 0090 2988

NO. 01-13-00947-CR 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 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