Luster, Brandon Dunte

• Court: Court of Appeals of Texas
• Decided: December 31, 2014
• Docket: PD-1683-14
• Status: Published

Opinion

PD-1683&1684-14 NO.

BRANDON DUNTE LUSTER §§ THE COURT CO!!RI 0?CiClfi'.tt '#&*}$ Petitioner, § § DEC 31 201'} § § OF '-\r.w .'.«n«^ ^osta9 § THE STATE OF TEXAS, § Respondent. § CRIMINAL APPEALS

Motion to Extend Time to File Petition for Discretionary Review

Brandon Luster requests that this Court grant him an additional thirty days to File-a^empliant COURT OF CRIMINAL APPEALS petition for discretionary review. ---> 0 _„, btiu o 1 iijM I. Background Abel Acosta, Clerk In two counts, a trial court found Luster guilty of the offense of sexual assault of a child

under the age of fourteen.

Upon conviction, Luster was appointed appellate counsel (cause numbers: 05-13-01342-

CR/05-13-01343-CR). The intermediate-appellate court issued its opinion on December 1, 2014.

Luster's attorney notified Luster by mail on December 2, 2014. Luster is in the process of trying to

obtain counsel to represent him in his petition for discretionary review and if counsel cannot be

retained, then Luster will file his petition pro-se.

II. Arguments and Authorities

A. Law

Rule 68.2(c) of the Texas Rules of Appellate Procedure permits a partyto seek additional

time to file a petition for discretionary review.1 This rule requires that such request be made "no

later than 15 days after the last day for filing the petition."

Tex. R. App. P. 68.2(c). B. Facts

No prior extensions have been sought, but Luster will not be able to timely file his petition as he is seeking counsel while he is incarcerated.

C. Analysis

Luster requests that this Court grant him an additional thirty days in which to file his petition for discretionary review. This would make his petition due on Monday, February 2, 2015. IV. Prayer and Conclusion

Luster asks this Court to grant him an extension to file acompliant petition for discretionary review. Specifically, Elchinson asks this Court to allow such apetition to be filed up to 5:00 CST on Monday, February 2, 2015.

Respectfully Submitted,

Mr. Brandon Luster Fort Stockton Transfer Facility 1536 IH-10 East, Fort Stockton, TX 79735 SID Number: 05771270 TDCJ Number: 01891914 Verification

STATE OF TEXAS § § COUNTY OF 8

BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared Brandon Luster, and being by me first duly sworn, did depose and say the following:

"My name is Brandon Luster. I am over the age of eighteen and competent to makethis verification. 1have read the foregoing Motion for Continuance, and each statement of fact therein is true and correct. I have personal knowledge of each such fact stated therein."

FURTHER, AFFIANT SAYETH NOT.

My name is &

date of birth is /7k^ *~), I^QH , Iam in the custody ofthe Texas Department ofCorrections. My TDC number is: Oi?^I^' ^ Iam housed at: M SW

Executed in Taylor County, Texas onthis the (C? day of LtecaiJba* £0/4 • (Month) (Year)

-J?

Icertify that on i&'Ho' )4 atrue and correct copy ofthis Motion was served on Respondant, The State of Texas, by and through its attorney of Record, Mr. Michael Casillas, Appellate Division, Crowley Courts Building 133 N. Riverfront Boulevard, LB 19 Dallas, TX 75207 214-653-3600. This service was accomplished within the parameters ofRule 9.5 ofthe Texas Rules ofAppellate Procedure.

ts&>?Q c^liSB^T Brandon Luster