Mireles, Nicholas Jared

Opinion

PD-1539-14 & PD-1540-14

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 2/4/2015 4:17:53 PM February 6, 2015 Accepted 2/6/2015 3:11:24 PM NO. ABEL ACOSTA CLERK

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS

NO. 14-13-00333-CR

NO. 14-13-00334-CR

IN THE COURT OF APPEALS

FOR THE

FOURTEENTH JUDICIAL DISTRICT OF TEXAS HOUSTON, TEXAS

THE STATE OF TEXAS § APPELLEE §

V. § §

NICHOLAS JARED MIRELES § APPELLANT

APPEAL FROM the 176th DISTRICT COURT HOUSTON, TEXAS

TRIAL COURT NOS. 1281111 & 1288900

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, NICHOLAS JARED MIRELES, Appellant in the above entitled and numbered cause, by and through his attorney of record, W. TROY McKINNEY, and submits this Motion for Extension of Time to file Appellant's Petition for Discretionary Review until March 9, 2015. For good cause, Appellant

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shows as follows.

1. This Court issued its opinion on August 21, 2014. On December 17, 2014, Appellant’s motion for rehearing was filed and it was overruled on January 6, 2015. This petition for discretionary review is due to be filed on or about February 5, 2015 This is Appellant's first request for an extension of time to file Appellant's Petition for Discretionary Review.

2. The last thirty days, Appellant's counsel has had an extremely heavy court docket and several out of town court settings.

3. Furthermore, Appellant’s counsel was at the National College DUI Defense seminar in Florida from January 21 through January 25, 2015.

4. This Motion is not made for delay, but to see that justice is done.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant prays that the deadline for filing of Appellant's Petition for Discretionary be extended to March 9, 2015.

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Respectfully submitted,

SCHNEIDER & McKINNEY, P.C.

/w/ Troy McKinney

W. Troy. McKinney

T.B.C. No. 13725020

440 Louisiana

Suite 800

Houston, Texas 77002

713-951-9994

FAX 713-224-6008

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the attached and foregoing document has been served on the Harris County District Attorney’s Office on this the 4th day of January 2015.

/s/ W. Troy McKinney

W. Troy McKinney