Leming, James Edward

• Court: Court of Appeals of Texas
• Decided: May 24, 2016
• Docket: PD-0072-15
• Status: Published

Opinion

PD-0072-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/24/2016 3:56:45 PM May 24, 2016 Accepted 5/24/2016 4:03:20 PM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK

JAMES LEMING ' APPEALED FROM THE Appellant COURT OF APPEALS, 6th DISTRICT

V. ' CCA NO. PD-0072-15 CASE NO. 06-13-00264-CR TRIAL COURT NO. 41799-B THE STATE OF TEXAS Appellee ' STATE OF TEXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT=S MOTION FOR REHEARING

TO THE HONORABLE COURT OF APPEALS:

NOW COMES, JAMES LEMING, the Appellant herein, and moves the Court for an

extension of time to file Appellant=s Motion for Rehearing in this cause, pursuant to Rules 38.6

and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would show the

Court as follows:

I.

The Appellant in this cause was convicted in the 124th District Court, Gregg County,

Texas in cause number 41,799-B for the offense of Driving While Intoxicated Third or more. On

October 14, 2013, punishment was assessed at ten (10) years in the Texas Department of

Criminal Justice - Institutional Division.

II.

The Reporter=s record was filed on April 14, 2014. The Appellant=s Motion for Rehearing

is due on or about May 26, 2016.

III.

The Appellant hereby requests an extension of time to file Appellant=s Motion for

Rehearing. The undersigned counsel has been unable to devote sufficient time to the review of the

record, research and preparation of Appellant=s Brief for the following good and sufficient

reasons:

Respectfully, this Counsel submits that he is still on an antibiotic irrigation via Dr. William Rotzler.

WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of

Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant=s

Motion for Rehearing for an additional two (02) weeks, to June 9, 2016.

RESPECTFULLY SUBMITTED,

__/s/ Clement Dunn_______ Attorney for Appellant 140 E. Tyler Street, Suite 240 Longview, TX 75601 (903) 753-7071 Fax (903) 753-8783 State Bar # 06249300 CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of

the above and foregoing document was this date provided to the Attorney for the State.

Date: 05-24-16

__/s/ Clement Dunn_______ Attorney for Appellant IN THE COURT OF CRIMINAL APPEALS

JAMES LEMING ' APPEALED FROM THE Appellant COURT OF APPEALS, 6th DISTRICT

V. ' CCA NO. PD-0072-15 CASE NO. 06-13-00264-CR TRIAL COURT NO. 41799-B THE STATE OF TEXAS Appellee ' STATE OF TEXAS

ORDER

BE IT REMEMBERED, that on the _____ day of __________________, 2016, came

on to be considered the above and foregoing Motion for Extension of Time to File Appellant’s

Motion for Rehearing. After consideration of the same, it is the opinion of the Court that

Appellant=s Motion be:

( ) GRANTED, and the present cause is hereby extended until _________________,

2016.

( ) DENIED, to which ruling the Appellant excepts.

( ) SET FOR HEARING ON THE _____ day of __________________, 2016, at

_____ o=clock_____.

SIGNED:

_____________________________ JUDGE PRESIDING