Helm, Johnathan Lewis

Opinion

PD-0796-15

IN THE

p"£(i e,VED IN ipX-T

COURT OF CRIMINAL APPEALS &j$ft®PGftlftAINALAPPEAIJ AUSTIN, TEXAS

OCT 05 2015

THE STATE OF TEXAS COA NO. 02-14-00043-CR VS. , PD-0796-15 TRIAL COURT NO. 1276053D JOHNATHAN LEWIS HELM

MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, JOHNATHAN LEWIS HELM, Petitioner, and files this motion for an

extension of thirty (30) days in which to file the Motion for Rehearing on the

Petition for Discretionary Review. In support of this motioRrtlP£titiohertJsh^ws the Court the following:

^OORT OF CRIMINAL APPEALS OCT 08 2815

i.

Abel Acosta, Clerk

The Petitioner was sentenced on this cause on January 15, 2014 to a term

of twenty (20) years in the Institutional Division of the Texas Department of

Criminal Justice..Petitioner filed his brief in the Court of Appeals on

June 17, 2014. The case was submitted to the Court of Appeals, without oral

argument, on October 31, 2014. The Court of Appeals affirmed Appellant's

conviction on June 4, 2015- Petitioner filed his Petition for Discretionary

Review on June 29, 2015. The Court of Criminal" Appeals "affirmed"Appellantrs

conviction on September 16, 2015. Petitioner is currently incarcerated.

II.

This is Appellant's first request for an extension of time to file his

Motion for Rehearing on his Petition for Discretionary Review.

October 9, 2015

III.

The deadline for filing this Motion for Rehearing in this cause is October

1, 2015. The Appellant has not requested any extensions prior to this request-

IV.

Appellant's request for extension is based on the following facts:

Appellant's Petition for Discretionary Review was refused on September 16, 2015.

Appellant did not receive the Court of Criminal Appeals' affirmation until

September 28, 2015 via correspondence from Appellant's attorney, William H.

"Bill" Ray. Attached as an exhibit of evidence to when Appellant received

the Court of Criminal-Appeals' response to his Petition for Discretionary '•

Review is the letter received from Appellant's attorney.

WHEREFORE, PREMISES CONSIDERED, Appellant prays this Honorable Court of

Criminal Appeals grant this motion and extend the deadline for filing the

Motion for Rehearing to October 31, 2015.

Respectfully submitted,

Johnathan Lewis Helm, #01900811 Appellant, Pro Se L.V. Hightower Unit 902 FM 686 Dayton, Texas 77535-2299

WILLIAM H. "BILL" RAY, P.C.

ATTORNEY AT LAW 512 MAIN STREET, STE. 308 FORT WORTH, TEXAS 76102

(817)698-9090 FAX (817)698-9092

September 23, 2015

Mr. Johnathan Helm, TDCJ Number 1900811 Hightower Unit 902 FM 686 Dayton, TX 77535

Dear Mr. Helm,

I am in receipt of an email from the Court of Criminal Appeals denying discretionary review in your case. It is enclosed.

This concludes my representation in this matter. There are possibly other avenues that you may proceed with, such as an 11.07 Application for Writ of Habeas Corpus, however, that matter and all others are not within the scope of my employment. In the event you choose to pursue such a matter, be advised that there are time limitations which must be complied with.

I wish you good luck. Thank you.

H . "Bill" Ray