Matthews, Eddie

Opinion

PD-0098-15

PD-0098-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

January 29, 2015 Transmitted 1/23/2015 4:59:50 PM Accepted 1/29/2015 11:26:00 AM NO. 03-13-0037-CR ABEL ACOSTA CLERK

EDDIE MATTHEWS * IN THE COURT OF Petitioner *

VS. * CRIMINAL APPEALS

*

THE STATE OF TEXAS * Respondent * AT AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, EDDIE MATTHEWS, Appellant, and files this Motion for an Extension in which to file a Petitioner for Discretionary Review. In support of this motion, Petitioner shows the Court the following:

I.

The Petitioner’s appeal was affirmed by the Third Court of Appeals on December 23, 2014.

Appellant’s P.D.R. is therefore due by January 23, 2015 Petitioner has requested no previous extensions.

II.

Pursuant to Texas Rules of Appellate Procedure 68.2(c) Petitioner would hereby request an extension of time in which to file his P.D.R.

III.

Counsel was just retained to represent Petitioner on PDR. Attorney for the Petitioner would further show the Court that he has been diligent in preparing Appellant’s application in this case. Due to counsel’s trial and appellate schedule he has not been able to complete the research and drafting of the application, and would therefore request this extension so that he may timely do so.

WHEREFORE, Appellant prays the Court grant this Motion and extend the deadline for filing the Petitioner ’s PDR to February 23, 2015.

Respectfully Submitted,

ARIEL PAYAN

Attorney at Law

1012 Rio Grande

Austin, Texas 78701

(512) 478-3900

(512) 472-4102 (fax)

Arielpayan@hotmail.com

/s/ Ariel Payan

ARIEL PAYAN

State Bar No. 00794430

CERTIFICATE OF SERVICE

By my signature above I hereby certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Petition for Discretionary Review has been delivered to the Criminal District Attorney, on January 23, 2015.