Hoisager, James Dwayne

Opinion

PD-1279-15 PD-1279-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 9/25/2015 4:52:26 PM Accepted 9/30/2015 12:28:25 PM ABEL ACOSTA

No. PD- -15 CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS AUSTIN, TEXAS

James Dwayne Hoisager,

Appellant

v.

The State of Texas

Appellee

On Appeal from the 424th District Court of Burnet County, Texas Cause No. 39,332, The Honorable Daniel H. Mills, Judge Presiding On Petition from Discretionary Review from Case Number 03-13-00328-CR In the Court of Appeals For the Third Judicial District of Texas at Austin

Appellant’s First Motion for Extension for Filing Appellant’s Petition for Discretionary Review Submitted by:

David K. Chapman

Attorney at Law

State Bar Number 04121500 Post Office Box 427

Karnes City, Texas 78118-0427 Tel. (830) 780-3472

Fax: (210) 428-6479

heartregardless@gmail.com

Attorney for James Dwayne Hoisager

September 30, 2015

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

NOW COMES James Dwayne Hoisager, Appellant in the above styled and numbered cause, through counsel David K. Chapman, his retained attorney of record, and respectfully files this Motion for Extension of Time to File his Petition for Discretionary Review. As grounds for granting this Motion, Appellant would show the Court:

I.

The deadline for filing this Petition is September 28, 2015.

II.

Appellant asks that he be given an additional thirty (30) days to file the petition, making it due on or before October 28, 2015.

III.

No previous extensions of time have been requested, granted, or denied.

IV.

Appellant’s counsel is raising two time-consuming issues. One complains of a double jeopardy violation. The other attacks the State’s improper amendment of the indictment, barred by Tex. Code Crim. P. 28.10. Counsel has finished the greater part of his preparation of his double jeopardy argument but needs additional time to review and revise it. Despite spending many hours on both issues, counsel needs

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significant additional time to complete the amendment issue. Also, during the past month, counsel spent many hours in the courts of Karnes County and working on the his cases pending in those courts.

V.

This Petition is on appeal from cause number 03-13-00328-CR in the Third Court of Appeals at Austin, which entered its judgment of affirmance on July 17, 2015.

VI.

Appellant filed his motion for rehearing on August 3, 2015. The Court denied the motion on August 28, 2015.

PREMISES CONSIDERED, Appellant prays that the Court grant this request for an additional thirty (30) days to file his petition for discretionary review.

Respectfully submitted,

/s/ David K. Chapman

David K. Chapman

State Bar No. 04121500

P.O. Box 427

Karnes City, Texas 78118-0427 830-780-3472 Telephone

210-428-6479 Facsimile

heartregardless@gmail.com

Attorney for James Dwayne Hoisager

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CERTIFICATE OF COMPLIANCE AND SERVICE On this ... day of September, 2015, I filed a copy of this document through EFILETEXAS.GOV, using an approved service provider, File & ServeXpress, which provided a copy to the attorneys for Appellee, Hon. Gary W. Bunyard, Assistant District Attorney, 33rd and 424th Judicial District, P.O. Box 725, Llano, Texas 78643, g.bunyard@co.llano.tx.us, and Lisa C. McMinn, State Prosecuting Attorney, P.O. Box 13046, Austin, Texas, 78711-3046, information@spa.texas.gov. I certify that this document was prepared on WordPerfect™WPx6, contains a total of ... words, and otherwise complies with the Texas Rules of Appellate Procedure, as amended effective January 1, 2014.

/s/ David K. Chapman

David K. Chapman