Wolf, Clair A.

• Court: Court of Appeals of Texas
• Decided: February 27, 2015
• Docket: PD-1519-14
• Status: Published

Opinion

NO- PD-1519-14 oir

MOTION FOR AN EXTENSION OF TIME TO FILE A MOTION FOR REHEARING FEB 27 2015

TO THE HONORABLE JUDGE OF SAID COURT: '\^:• ^w.^s?,. O'T

COMES NOW, Clair A. Wolf, TDCJ-CID# 01859849. Appellant

Pro-Se, acting in his own behalf and files this his own "Motion

for an Extension of Time to file a Motion For Rehearing" to this FILFD IN most Honorable Court, md in so doing, will ^^£8^X3 a PEALS to wit: FE3 27 7Z7) I. JURISDICTION

, • This most ,_, Honorable „ . Court u has • ^ • *. • jurisdiction At)el Acpsta. over Clerk the sub-

iect matter pursuant to the Tex. R. App. Proc, Rule 79.1(c)

and Rule 49.8, where this Court of Criminal Appeals may extend

the time for filing a motion or further motion for re-hearing

if a party files a motion complying with Rule 10.5(b) no later

than 15 days after the last date for filing the motion for re

hearing.

Appellant's last date for filing his motion for re-hearing

is February J & ,2015, placing Appellant well within the

required fifteen (15) days after the last date to file a motion

for re-hearing, pursuant to Rule 10.5(b) respectively.

II. REASONING

Appellant has just recently learned through the Clerk of

this Court that his pro-se petition for discretionary review

was refused on February 04, 2015.

( Page-1-) Being such, and pursuant to Rule 10.5(b)(1), Appellant

will now state for the record that:

(A) The deadline for filing this request for an extension

of time to file a motion for re-hearing is February

XC ->->r2015. (B) Appellari'1T""^request at least ninety (90) days extension

because Appellant has to attempt to advocate for him-

-fo "tzhis Court.

(C) Appellant can only entertain and research in the unit

Law Library during his off-duty hours which is approx

imately ten (10) hours per week and needs this extension

to prepare, research and advocate properly, and;

(D) Appellant has never asked for an extension of time

in this matter.

The extension of time is not designed, nor any attempt

to harass, delay or hinder the Court's calendar with these issues

but to assure that justice is served to Appellant. There are

substantial intervening circumstances that require this Court's

power of supervision, they are:

(1) The Court of Appeals incorrectly decided that the opinion

of a lay witness which inferred that Appellant was

guilty of the offense charge is admissable pursuant

to Tex. Rules of Evidence, Rule 701 and 704?

(2) The Court of Appeals made a ruling that directly con

flicts with a recent decision that was handed down

by this most Honorable Court of Appeals in which appeal

counsel did not cite or argue in the Petition for Discre

tionary Review. Being such, this Court of Criminal

Appeals power of Supervision should be considered

( Page-2- ) and implemented in order to allow Appellant a fair hearing on his claim.

III. PRAYER FOR RELIEF

Wherefore, Premises Considering, Appellant prays that this most Honorable Court grant this Motion for an Extension of Time

to file a Motion for Re-hearing pursuant to Tex. R. App. Proc, Rule 79.1(c) allowing Appellant at least ninety (90) days to file said motion because of his specific set of circumstances. In this Appellant .wMl forever pray.

Respectfully Submitted,

Clair A. W o l f 7 • Appellant Pro-Se

IV. CERTIFICATE OF SERVICE

I, Clair A. Wolf, TDCJ-CID# 01859849, Appellant, Pro-Se,

certify that a true and correct copy of Appellant's Motion for

an Extension of Time to file a Motion for Re-hearing has been

placed in the United States Mail, postage pre-paid, addressed

State Prosecuting Attorney Abel Acosta, Clerk

P.O. BOX# 12405 P.O. B0X# 12308

Austin, Texas 78711 Capitol Station

Court of Criminal Appeals

Austin, Texas 78711

On this the ^ £2 day of February, 2015

Clair A. Wolf Appellant Pro-Se

( Page-3-)