Lewis, Robert Othella James

• Court: Court of Appeals of Texas
• Decided: April 15, 2015
• Docket: PD-0410-15
• Status: Published

Opinion

PD-0410-15 PD-0410-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS April 15, 2015 Transmitted 4/13/2015 12:10:55 PM Accepted 4/15/2015 4:41:44 PM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK FOR THE STATE OF TEXAS

ROBERT OTHELLA LEWIS, § A/K/A ROBERT LEWIS § APPELLANT § § CCA NO. PD-_____-15 V. § COA NO. 02-13-00416-CR § THE STATE OF TEXAS, § APPELLEE §

STATE’S FIRST MOTION FOR EXTENSION OF TIME FOR FILING OF STATE’S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW Petitioner, the State of Texas, by and through Sharen

Wilson, Criminal District Attorney of Tarrant County, and files this the State's

Motion To Extend Time To File State's Petition For Discretionary review in the

above captioned appeal and for cause would respectfully show the following:

I.

The court below is Criminal District Court Number One of Tarrant County,

Texas, visiting Judge Jerry Woodlock, presiding. The style of the case in the trial

court is The State of Texas v. Robert Othella Lewis, a/k/a Robert Lewis, No.

1299359D. Appellant was convicted by a jury of felony driving while intoxicated.

RR. IV 59. He was then sentenced by that jury to five years’ incarceration. RR.

IV 134. The style and number of the case in the lower appellate court is Robert Othella Lewis a/k/a Robert Lewis v. The State of Texas, No. 02-13-0416-CR.

Appellant is NOT in custody.

II.

The deadline for filing the State’s petition is April 13, 2014. No extensions

have previously been granted regarding the State's petition. The length of time

requested for this extension is 30 days from April 13, 2015 -- until May 13, 2015.

In light of all the foregoing, the modest extension herein requested, is sought solely

in the interest of justice and not for purposes of delay.

III.

Recently, undersigned counsel has filed briefs in: Thomas Lester Harper v.

The State of Texas, No. 02-14-00189-CR; and Michael Raynard Speace, Jr. v. The

State of Texas, No. 08-15-00445 through 00447-CR.

WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that

this Court grant this State’s Motion for Extension of Time for Filing of State’s

Petition for Discretionary Review and extend time for filing of the document to

May 13, 2015.

Respectfully submitted,

SHAREN WILSON Criminal District Attorney Tarrant County, Texas

2 DEBRA WINDSOR, Assistant Criminal District Attorney Chief of the Appellate Section

/s/ DANIELLE A. KENNEDY DANIELLE A. KENNEDY, Assistant Criminal District Attorney State Bar No. 12166650 Tim Curry Criminal Justice Center 401 W. Belknap Fort Worth, Texas 76196-0201 (817) 884-1687 FAX (817) 884-1672 CCAAppellatealerts@tarrantcounty.com

CERTIFICATE OF SERVICE

A true copy of the State's brief has been e-served to opposing counsel, the

Hon. Abe Factor, lawfactor@yahoo.com, 5719 Airport Freeway, Fort Worth,

Texas 76117, on this, the 13th day of April, 2015

/s/ DANIELLE A. KENNEDY DANIELLE A. KENNEDY

H:\KENNEDY.L09 lewis, robert othella pdr extn.mxt