Guy, Lester Ray

• Court: Texas Supreme Court
• Decided: January 21, 2015
• Docket: PD-1564-14
• Status: Published

Opinion

PD-1564-14 COURT OF CRIMINAL APPEALS FILED IN COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/12/2015 12:00:00 AM JANUARY 16, 2015 Accepted 1/16/2015 4:11:22 PM ABEL ACOSTA, CLERK ABEL ACOSTA NO. PD-1564-14 CLERK

LESTER RAY GUY * IN THE COURT OF * Petitioner

VS. * CRIMINAL APPEALS

THE STATE OF TEXAS Respondent * AT AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, LESTER RAY GUY, Appellant, and files this Motion for an Extension in

which to file a Petitionerfor Discretionary Review. In supportof this motion, Petitioner showsthe

Court the following:

I.

The Petitioner's appeal was affirmed by the Third Court of Appeals on October 22, 2014.

Motion for Rehearing and Rehearing En Banc were denied on December 11, 2014. Appellant's

P.D.R. istherefore duebyJanuary 9,2015. Petitioner hasrequested untimely proseextensions, but

counsel has requested no previous extensions.

II.

Pursuant to Texas Rules of Appellate Procedure 68.2(c) Petitioner would hereby request an

extension of time in which to file his P.D.R.

III.

Attorney for the Petitioner would further show the Court that he has been diligent in preparing Appellant's application in this case. Due to counsel's trial and appellate schedule he has not been able to complete the research and drafting of the application, and would therefore request

this extension so that he may timely do so. Counsel is finishing a death penalty appeal to this Court

and is unable to complete this application by the required date.

WHEREFORE, Appellant prays the Court grant this Motion and extend the deadline for

filing the Petitioner 's PDR to February 9, 2015

Respectfully Submitted,

ARIEL PAYAN Attorney at Law 1012 Rio Grande Austin, Texas 78701 (512)478-3900 (512) 472-4102 (fax) Arielpayan@hotmail.com

/s/ Ariel Payan ARIEL PAYAN State Bar No. 00794430

CERTIFICATE OF SERVICE

By my signature above I hereby certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Petition for Discretionary Review has been delivered to the Criminal District Attorney, on January 9, 2015.