IN THE COURT OF CRIMINAL APPEALS OF TEXAS 

AT AUSTIN, TEXAS 

DEW AN MORGAN, § 

APPELLEE § 

§ 

v. § NO. PD-

§ 

THE STATE OF TEXAS, § 

APPELLANT § 

FROM THE COURT OF APPEALS FOR THE 

SECOND DISTRICT OF TEXAS AT FORT WORTH 

APPEALED FROM CAUSE NUMBER 02-14-00231-CR AND 

FROM THE 21 lTH JUDICIAL DISTRICT COURT 

OF DENTON COUNTY IN CAUSE NUMBER F-2013-1704-C, 

THE HONORABLE L. DEE SHIPMAN, JUDGE PRESIDING 

THE STATE'S MOTION TO EXTEND THE TIME FOR FILING 

THE STATE'S PETITION FOR DISCRETIONARY REVIEW 

TO THE HONORABLE JUDGES OF SAID COURT: 

The State, by and through the Criminal District Attorney of Denton County, 

Texas, respectfully requests that the time for the filing of the State's Petition for 

Discretionary Review in the above styled and numbered cause be extended pursuant to 

Texas Rules of Appellate Procedure 68.2(c) and 10.S(b). In support of this motion, the 

State would show the Court the following: 

I. 

The Second Court of Appeals at Fort Worth released its opinion and judgment in 

this case on May 28, 2015. No motions for rehearing or reconsideration have 

been filed. 

PD-0758-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 6/22/2015 3:44:02 PM

Accepted 6/24/2015 10:23:10 AM

ABEL ACOSTA

CLERK
II. 

The present deadline for the filing of the State's Petition for Discretionary 

Review is June 26, 2015. The State respectfully requests a 15 day an extension of time 

until July 13, 2015. 

III. 

This is the State's first request for an extension of time to file the State's Petition 

for Discretionary Review. 

IV. 

The Appellant would show the Court that a reasonable explanation exists for the 

requested extension. The. facts on which the Appellant relies to reasonably explain the 

need for this extension are as follows: 

The Second Court of Appeals released its opinion, on May 28, 2015. From 

May 27-29, 2015, the undersigned was out of the office at a CLE on Criminal Appeals. 

Since then the undersigned has prepared two appellate briefs: Lim v. State, 

02-14-00365-CR, due June 8, 2015, and Martinez-Benitez v. State, 02-14-00440-CR, a 

murder case, due June 29, 2015. The undersigned has prepared an Order Designating 

Issues for a habeas writ on F-2013-0120-A(whcl) regarding Ex Parte Derrek Parry. 

The undersigned has also assisted prosecutors in the trial division prepare for a 

suppression hearing. 

Additionally, the undersigned is scheduled to be out of the office on a 

pre-planned vacation on July 1-2, 2015, and the Denton County District Attorney's 

Office will be closed in celebration of Independence Day on July 3, 2015. 

The motion is not for delay, but sought in the interest of justice. 

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Accordingly, the State respectfully requests that the time for the filing of the 

State's Petition for Discretionary Review be extended to July 13, 2015. 

Respectfully submitted, 

Assistant Criminal Dis net Attorney 

Appellate Division 

State Bar No. 24077065 

Denton County, Texas 

1450 East McKinney 

Denton, Texas 76209 

(940) 349-2600 

yael .zbolon@dentoncounty.com 

ATTORNEY FOR APPELLANT, 

THE STATE OF TEXAS 

CERTIFICATE OF SERVICE 

I hereby certify that a true copy of the foregoing motion has been served on the J. 

Stanley Goodwin, 303 North Carroll, Suite 200, Denton, Texas 76201; and Lisa C. 

McMinn, Post Office Box 13046, Capital Station, Austin, Texas 78711-3046, by 

depositing same in the United States Mail, Postage Prepaid, on this, the 22nd day of 

June, 2015. 

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