Harris, Harold James

Opinion

PD-1673-15 PD-1673-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/28/2015 10:26:40 AM Accepted 12/28/2015 1:52:06 PM ABEL ACOSTA CLERK No. _________________

IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT AUSTIN Harold James Harris Appellant

v. December 28, 2015

The State of Texas Appellee

On Appeal from Bexar County in Case No. 384759, from County Court at Law Number 1, the Hon. John D. Fleming, Judge Presiding and the Opinion of the Fourth Court of Appeals in Case No. 04-14-00888-CR, Delivered November 25, 2015.

Motion for Extension of Time to File Petition for Discretionary Review

TO THE JUDGES OF THE COURT OF CRIMINAL APPEALS:

COME NOW, Harold James Harris, by and through David A.

Schulman, his undersigned attorney of record, and respectfully

files this “Motion for Extension of Time to File Petition for

Discretionary Review,” asking that the Court grant a thirty (30)

day extension of time in which Appellant may file a petition for

discretionary review, and would show the Court as follows: Procedural History Appellant was convicted of driving while intoxicated on the

5th day of December, 2014, in the County Court at Law Number

1, of Bexar County and sentenced to 180 days in jail and a fine of

One Thousand Dollars ($1,000). Notice of Appeal was timely given

and an appeal prosecuted. The Court of Appeals’ opinion from

which review is sought was delivered by the Fourth Court of

Appeals for Texas at San Antonio, in Case No. 04-14-00888-CR,

which was delivered on November 25, 2015. Appellant’s timely

filed motion for rehearing was overruled by the Court of Appeals

on December 10, 2015. Petition for discretionary review is timely

if filed with the Clerk of the Court or properly addressed and post-

marked on or before January 9, 2016.

Reason Extension Should Be Granted The undersigned will be representing Appellant in his petition

for discretionary review. The undersigned’s schedule is such that

properly completing the petition by the second week in January is

all but impossible. Consequently, the undersigned requests that

the Court grant an extension of time in which the petition may be

filed for a period of thirty (30) days.

2 Prayer WHEREFORE, PREMISES CONSIDERED, Movant respectfully

prays that this Honorable Court will grant Appellant a thirty (30)

day extension of time in which the petition for discretionary review

may be filed, until February 8, 2016, or until such time as set by

the Court.

Respectfully submitted,

____________________________________ David A. Schulman Attorney at Law 1801 East 51st Street, Suite 365474 Austin, Texas 78723 Tel. 512-474-4747 Fax: 512-532-6282 eMail: zdrdavida@davidschulman.com State Bar Card No. 17833400 Attorney for Harold James Harris

3 Certificate of Compliance and Delivery

This is to certify that: (1) this document, created using

WordPerfect™ X7 software, contains 412 words, excluding those

items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies

with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on

December 28, 2015, a true and correct copy of the above and

foregoing “Motion for Extension of Time to File Petition for

Discretionary Review” was transmitted via the eService function on

the State’s eFiling portal or via electronic mail (eMail) to Andrew

W. Warthen (awarthen@bexar.org), counsel of record for the State

of Texas, and to Lisa McMinn (Lisa.McMinn@SPA.texas.gov), the

State’s Prosecuting attorney.

_____________________________________ David A. Schulman