CAUSE NUMBER:IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

JOHN KIRBY V. THE STATE OF TEXAS

From Appeals No. 13-14-00691-CR, 13-14-00692-CR Trial Cause No. 13-CR-1711-G, 

### l^-CR-2951-G Nueces County First Motion For Extention Of Time To File 

### RECEIVEDIN 

## COURTOFCRIMINALAPPEALS 

## NOV242015 

# ^beSAcosta.Clerk Petition For Discretionary Review 

# TOTHEHONORABLEJUDGESOFTHECOURT.,>OFCRIMINALAPPEALS:^OURTOFCRIMINALAPPEALS ComesNow, JohnKirby, Petitioner, and files this Motion forf-w/2422'tJ
an extention of one hundred eighty (180) days in which to file,u„, A 

### *belAcosta,Cierk a Petition for Discretionary Review. In support of this motion, appellant shows the Court the following:
I. The Petitioner was convicted in the 319th District Court of Nueces County, Texas of the offense of Driving While Intoxicated 

### CDWI). in Cause No's 13-CR-1711-G and 14-CR-2951-G, styled State of Texas vs. John Kirby. The Petitioner appealed to the Court of Appeals, 13th District. The case was affirmed on September 1, 2015. . 

### IIJ The present deadline for filing the Petition for Discretionary
/ 

### m

### was October I, 2015. The Petitioner has not requested any extention prior to this request. Hi

### Petitioner request for an extention is based upon the following facts: Petitioner was not informed of the decision of the Court 

### of Appeals in affirming his case until November 2, 2015, due to Unit transfers. Since that time Petitioner has been attempting 

### to gain legal representation in thematter. His attorney on the appeal, Travis Berry, has informed Petitioner that he will not represent him on the Petition for Discretionary Review. Wherefore, Petitioner prays this Court grant this motion and extend the deadline for filing The Petition for Discretionary Review in Case No's. 13-CR-1711-G and 14-CR-2951-G to May 21), 2015.
Texas Department of Criminal Justice Stevenson Unit TDCJ-ID #01968206 Cuero, Texas,77954 CERTIFICATE OF SERVICE 

### Icertify that atrue and correct copyof the above and foregoing First Motion for Extention of time to file a Petition for Discretionary 

### Review, has been forwarded by U.S. Mail, postage prepaid, first class, to the Attorney for State, Mark Skurka, at 901 Leopard Street, Room 206, Corpus Christi, Texas, 78401, and to the State Prosecuting Attorney, P.O. Box 12405, Austin, Texas, 78711 on this the I7th day of November, 2015. 

# VU^ Petitioner I, John Kirby, TDCJ #01968206, being presently incarcerated 

### in the Stevenson Unit of the Texas Department of Criminal Justice in DeWitt County, Texas, verify and declare under penalty of perjury that the foregoing statements are true and correct. Executed on this the 17th day of November^.2015. Jrihn Kirby TDCJ #01968206November 17, 2015
13th Court of Appeals Dorian Ramirez, Clerk 901 Leopard Street, Room 902 

### Corpus Christi, Texas, 78401-3606

Dear Ms. Ramirez, 

### Enclosed please find•.my Motion for Extension of Time to File Petition for Discretionary Reviev/. Please file this Motion and bring it to the attention of the Court. 

### Please date stamp a copy of this letter and return it to me at my address shown below. 

### I also request that you notify me of the Court's ruling on my Motion. Sincerely,
Jc/hn Kirby, Defenaant TDCJ #01968206 Stevenson Unit 1525 FM 766 Cuero, Texas, 77954 

# iWAIVED

### John Kirby;, .. 

## TDCJ #01968206'•'•'/•••'•" Stevenson Unit 1*325 FM 766 ' Cuero, Texas, 77954

LEGAL MAIL 

### / -•CORPUSCI-1.-RISXI,

### •ij'fso^.aaiB.-pH13th Court of Appeals Dorian Ramirez, Clerk 901 Leopard Street, Room 902 Corpus Christi, Texas, 78401-3606

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