Lewis, Gordon Ray

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: PD-0173-15
• Status: Published

Opinion

PD-0173-15 PD-0173-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 2/12/2015 11:26:19 AM Accepted 2/12/2015 1:59:51 PM CASE NO. _____________ ABEL ACOSTA CLERK

In the Court of Criminal Appeals Austin, Texas

GORDON RAY LEWIS

Petitioner

February 12, 2015 V.

STATE OF TEXAS

Respondent

Appealed from the Second Court of Appeals Fort Worth, Texas

Court of Appeals Cause No. 02-13-00367-CR

MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

NOW COMES Gordon Ray Lewis, petitioner, who makes and files the

following motion for extension of time in which to file his petition for

discretionary review, and in support thereof would respectfully show:

Page 1 of 4 I.

CERTIFICATE OF CONFERENCE

This is to certify that a conference was held with the state’s attorney

regarding the merits of this motion and the requested relief. Counsel for the

state advised that she did not oppose the requested relief.

II.

On December 18, 2014, the Second Court of Appeals sitting in Fort

Worth, Texas handed down its opinion and judgment affirming petitioner’s

conviction and sentence in cause number 02-13-00367-CR, styled Gordon

Ray Lewis v. The State of Texas. Lewis filed a motion for extension of time

to file his motion for rehearing on January 2, 2015 and the motion was

granted January 12, 2015. Lewis then filed his motion for rehearing on

January 9, 2015, which was denied by order of the Court on January 15, 2015.

III.

Based on the calculations of petitioner’s counsel, the petition for

discretionary review in this matter is due February 16, 2015.

IV.

Petitioner seeks an additional fourteen days in which to file his petition

for discretionary review.

Page 2 of 4 V.

Good cause exists for this extension. Counsel for petitioner was out of the

state from Monday, February 9 through Wednesday February 11, 2015 to

prepare for and attend mediation in Case No.: D-1116-CV-2013-00523; State

of New Mexico, Ex. Rel, CMC Steel Constructors, Inc. d/b/a CMC

Construction Services v. Hard Rock Builders, Inc. and Jaynes

Corporation, pending in the 11th Judicial District Court, San Juan County,

New Mexico. Because the mediation took place in Farmington, New Mexico,

extensive travel to and from Albuquerque, New Mexico was involved.

Preparation for and attendance at this mediation has precluded

petitioner’s counsel from completing a cogent, succinct petition for

discretionary review presenting the issues ruled on by the court of appeals.

V.

No previous extension to file a petition for discretionary review has

been requested or granted.

VI.

Petitioner Gordon Ray Lewis is currently incarcerated in the Texas

Department of Criminal Justice, Institutional Division, serving a life

sentence.

Page 3 of 4 WHEREFORE, PREMISES CONSIDERED, petitioner prays that his

motion for extension of time to file his petition for discretionary review in

the above styled and numbered cause be sustained, and that he have up and

including March 2, 2015 in which to complete and file his petition for

discretionary review. Petitioner prays for such other and further relief, both

general and special, at law or in equity, to which he may show herself to be

justly entitled.

Respectfully submitted,

By: /s/Michael W. Minton MICHAEL W. MINTON State Bar No. 14194550

THE LAW OFFICES OF MICHAEL W. MINTON, P.L.L.C. 6100 Western Place, Suite W0541 Fort Worth, Texas 76107 mminton@mintonlaw.com Telephone: 817-377-9200 Facsimile: 817-377-9201

CERTIFICATE OF SERVICE

I hereby certify that on this the 10th day of February, 2013, a true and

correct copy of the above and foregoing document was sent U.S. certified mail,

return receipt requested and/or facsimile transmittal to all counsel of record

in the above-styled and numbered cause.

/s/Michael W. Minton MICHAEL W. MINTON

Page 4 of 4