Hoisager, James Dwayne

• Court: Court of Appeals of Texas
• Decided: September 30, 2015
• Docket: PD-1279-15
• Status: Published

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

1 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.

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

2 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.

David K. Chapman