No .

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COURT OF mwiimupmis 'Elv/fcu !h

IN THE

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

JUL 10 2015

CHRISTOPHER 'WILEY

V.

THE STATE OF TEXAS

FILED m

From Appeal No. 12-1 4-001 26-CR COURT OF CRIMINAL APPEALS

Trial No. 241-1239-13 JUL 1Q23i5

Smith County

Abel Acosta, Clerk

FIRST MOTION FOR EXTENSION OF TIME TO FILE

PETITION FOR DISCRETIONARYREUIEU

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

COMES NOD, Christopher Wiley, Petitioner, and files this Motion

pursuant to Texas Rules of Appellate Procedure (TRAP) rule 10.5.

Petitioner seeks an extension of sixty (60) days- in which to file

his Petition for Discretionary Review. In support of this motion,

Petitioner shows the Court the following:

I.

The Petitioner was convicted in the• 241st District Court of

Smith County, Texas, of the offense of Murder in Cause No. 241-

1239-13, and brought his: direct appeal to the 12th Court of Appeals

The 12th Court of Appeals affirmed Petitioner's conviction on Dune

17, 201 5.
II.

The present deadline for filing the Petition for Discretionary

Review is on or about.July 17, 2015.. This is Petitioner's first

request for an extension of time to file his Petition for Discre

tionary Review.

III.

Petitioner's request for an extention of time is based upon the

following facts:

(1) Petitioner was not informed of the decision of the court of

appeals affirming his conviction until June 24, 2015, approximately

seven (7) days after the opinion was given.

(2) Since that time, Petitioner has been attempting to gain legal

representation in this matter:. His attorney on the appeal, Austin

Reeve Jackson , has informed Petitioner that he is no longer repre

senting him; that his representation is complete. •

(3) Petitioner avers, that until he finds an attorney to represent

him, that is, if:he finds one, he is submitting this motion and

all other filings pro se\ Therefore., Petitioner contends he requires

this extended time because he must submit, request's for all shepardizing of case law; and for any •cases •decided- after 2009, he must

also submit a book loan request.- these requests typically take

about 2 days to fill, and all such requests are limited to 3 each

(i.e., 3 book loans per day or 3 shepards per day). Cases decided

after 2009 do not come in bound-volumes and must, therefore, be

ordered on •» BOOK-LOAN-" .

(4) Petitioner contends he does not anticipate requesting any other

extension to file his petition for discretionary review - an it is

even possible he may•not use the entire 60 days , however, in abun

dance of caution, he respectfully requests sixty (60) days exten

sion because Petitioner intends to file the petition for discretion

ary review because Petitioner honestly believes his issue(s) are

meritorious.

(5) Petitioner submits that this.motion is submitted in good faith,

is not made to delay the proceedings herein , nor harrass or cause

unnecessary expenses for Respondent, but to put forth and bring
this Court a well-researched: and reasoned discussion in support of

the issues raised in his petition.

(6) Petitioner's case, was affirmed: in the T2th Court- of'Appeals,

Tyler, Texas and the :style was Christopher:Wiley v. The State of

Texas, cause number 12-1 4-00126-CR .

(7) Petitioner did not file a motion for rehearing in this case.

PRAYER:

WHEREFORE, Petitioner prays this Honorable Court GRANT this

Motion and extend the deadline for filing the Petition for Discre

tionary Review in case no. to September 15, 2015.

Respectfully Submitted,

Christophajr Wiley

TDCJ-ID #1931708

Wayne Scott Unit

6999 Retrieve Rd.

Angleton, TX 77515

Petitioner, pro se

CERTIFICATE OF SERVICE

I certify that a true and.correct copy of the. above and fore

going First Motion for Extension of Time to File Petition For Dis

cretionary Review, has beenforwarded by U.S. Mail, postage prepaid ,

first class, to Attorney for the State, Michael J. West, at 4th

Floor, Courthouse, TOO North Broadway, Tyler, Texas 75702 on this

the £** day of July, 2015

•3-

Christopher Wiley

Petitioner, pro se
I, Christopher Wiley, TDCJ-ID #1931708, being presently incar

cerated in the Wayne Scott Unit of the Texas Department of Criminal

Justice in Brazoria County, Texas, verify and declare under penalty

of perjury that the foregoing statements are tru and correct.

EXECUTED on this the £TM*- day of July, 2015.

•4-

iristoph^r Wiley

TDCJ-ID #193170B''

Wayne Scott Unit

6999 Retrieve Rd.

Angleton, TX 7751 5