McGEE, JUSTIN

• Court: Court of Appeals of Texas
• Decided: June 18, 2015
• Docket: PD-0733-15
• Status: Published

Opinion

PD-0733-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/16/2015 12:06:47 PM June 18, 2015 Accepted 6/18/2015 11:01:53 AM ABEL ACOSTA NO. 14-14-00067-CR CLERK

IN THE COURT OF APPEALS

FOURTEENTH DISTRICT

HOUSTON, TEXAS

NO. 1387993

IN THE TRIAL COURT

262ND JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

JUSTIN McGEE § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

MOTION FOR EXTENSION OF TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW

ALLEN C. ISBELL 2016 Main St., Suite 110 Houston, Texas 77002 713/236-1000 Fax No. 713/236-1809 STATE BAR NO. 10431500 email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW JUSTIN McGEE, appellant, by and through his counsel

on appeal, ALLEN C. ISBELL, and respectfully requests this Honorable Court

grant an Extension of Time for Filing a Petition for Discretionary Review.

I.

The Fourteenth Court of Appeals in Houston, Texas, delivered an

opinion in this matter on May 28, 2015, in Cause No. 1387993, entitled

JUSTIN McGEE vs. The State of Texas.

II.

The present deadline for filing the Petition for Discretionary Review is

June 27, 2015.

III.

Appellant requests that the time be extended until July 27, 2015.

IV.

Counsel is unable to timely file the Petition for Discretionary Review

within the time prescribed by the TEXAS RULES OF APPELLATE

PROCEDURE for the following reasons:

1. Counsel is preparing for the following Trials:

• State vs. Hobbs, Cause Nos. 1460339, 1322693, 1322694, 1322764, 1322796, 1323767, 1324124, & 1324125 (Death

c:\appeals\mcgee\ext. pdr Page 2 of 5 Penalty Capital)(jury selection set to begin July 6, 2015);

• State vs. Magee, No. 1392085, 1386835, 1387732, & 1386809 (Capital Murder, Agg.Aslt.FM., Agg.Robb.DW.)(set for July 6, 2015).

2. Counsel is presently working on the following Brief for Appellant: Torres v. State, Nos. 14-15-00155-CR, 14-15-00156-CR, 14-15- 00157-CR, & 14-15-00158-CR; Barran v. State, No. 14-15-00359- CR;

3. Counsel has recently represented the following in court: State vs. Bell, No. 1458279; State vs. Caplan, No. 1449686; State vs. Contreras, No. 1328812; State vs. Dixon, No. 1469265; State vs. Earls, No. 1388874; Hilton vs. Hilton, No. 2015-18025; State vs. Hastings, No. 1464287; State vs. Hobbs, Cause Nos. 1460339, 1322693, 1322694, 1322764, 1322796, 1323767, 1324124, & 1324125; State vs. Hornsby, Nos. 1455466, 1455467 & 1455768; State vs. Joyner, No. 1358039; State vs. Leal, No. 1227701; State vs. Manning, Nos. 1462939, 1465015, & 1464989; State vs. McGlory, Nos. 1462825 &1462826; State vs. McWashington, No. 1446879; State vs. Morris, No. 1458287; State vs. Palmer, Nos. 1419391 & 1420714; State vs. Perez, No. 1448860; State vs. Perkins, No. 1459848; State vs. Peters, No. 1447571; State vs. Rodriguez, No. 1464967; State vs. Quarrells, No. 1455220; State vs. Smith, No. 1436342 & 1468398; State vs. Sylmon, No. 1467313; State vs. Terrell, No. 1426152;

V.

This is the first (1) extension requested.

VI.

This motion is urged at the first opportunity as appellant is indigent and

will suffer irremediable harm if it is not granted.

c:\appeals\mcgee\ext. pdr Page 3 of 5 WHEREFORE, PREMISES CONSIDERED, appellant prays that this

Honorable Court grant this extension of time in which to file the Petition for

Discretionary Review until July 27, 2015.

Respectfully submitted,

/s/ Allen C. Isbell ALLEN C. ISBELL 2016 Main St., Suite 110 Houston, Texas 77002 713/236-1000 Fax No. 713/236-1809 STATE BAR NO. 10431500 email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL

Certificate of Service

I hereby certify that on this 16th day of June, 2015, a true and correct

copy of the foregoing Motion for Extension of Time for Filing Appellant's

Petition for Discretionary Review has been sent to the District Attorney's

Office, Appellate Division, and to Mr. Justin McGee, appellant.

/s/ Allen C. Isbell ALLEN C. ISBELL

c:\appeals\mcgee\ext. pdr Page 4 of 5 Certificate of Compliance

The undersigned attorney on appeal certifies this motion is computer

generated and consists of 608 words. Counsel is relying on the word count

provided by the Word Perfect computer software used to prepare the brief.

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