IN THE

COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-80,458-01

/«

4pR 0120)5

EX PARTE WALTER AARON HAMILTON, Applicant

MOTION FOR EXTENSION OF TIME

TO FILE

MOTION FOR RECONSIDERATION

TO: THE HONORABLE JUSTICES OF THE

TEXAS COURT OF CRIMINAL APPEALS

FILED IN

COURT OF CRIMINAL APPEALS

APR 01 2015

Abel Acosta, Cier*

COMES NOW, Walter A. Hamilton/ Applicant in the above-styled and numbered

Cause, hereinafter "Hamilton"/ proceeding in propria persona, pursuant to the

Authority of T.R.A.P. 10.5(b) and 79.6/ in conjunction with the Due Process

and Due Course of Law Protections and guarantees of the United States and Texas

constitutions/ and respectfully request that this Honorable Court enter an

Order directing that the deadline to file a Motion For Rehearing in the above-

/"
styled and numbered Cause be extended for Thirty (30) days, up to and including

May 1/ 2015/ and in support would respectfully show this Honorable Court as

follows:

1.) Hamilton filed his Application for Writ of Habeas Corpus on March 13/

2013/ pursuant to Texas Code Of Criminal Procedure/ Art. 11.07

2.) The Trial Court made its Order Designating Issues on April 4, 2013.

3.) The trial Court made its recommendations on October 22/ 2013.

4.) This Honorable Court received Hamilton's Application on October

29/ 2013.

5.) On March 18/ 2015 this Honorable Court handed down its Opinion. The

Court found that Hamilton received multiple punishments in violation of the

Double Jeopardy clause and GRANTED relief/ thereby setting aside Count 2 in

Cause Number 2006-CR-3927. However/ the Court denied all other relief.

6.) The Court's Opinion was mailed via Truck Mail which was not received

by Hamilton until March 26, 2015 when it was delivered to him by Prison Mailroom

Personnel.

7.) The present deadline for filing a Motion For Reconsideration in this

Case is April 2, 2015. See T.R.A.P. 79. This current deadline would allow

Hamilton only Four (4) days of access to the Unit Law Library. The Double

Jeopardy issues are complex as well as others. This extra time is needed in

order for Hamilton to put forward a meaningful Motion For Rehearing.

8.) Hamilton seeks a 30 day extension in order to research these issues/

up to and including May 1, 2015. Hamilton has not made any previous requests

for an extension of time to file his Motion For Reconsideration/Rehearing.

WHEREFORE/ Hamilton respectfully moves and prays that this Motion be duly

considered by this Honorable Court and/ thereafter GRANTED.

(2)

Respectfully submitted/

Walter A. Hamilton, Pro-se

Applicant

TDCJ-CID #1493992

Ellis Unit

1697 FM 980

Huntsville, Texas 77343
UNSWORN DECLARATION

I, Walter Aaron Hamilton, TDCJ-CID #1493992/ Applicant/ being presently

incarcerated at the O.B. Ellis Unit of the Texas Prison system, here in Walker

County/ Texas/ declare under the penalty of perjury that the above and fore

going is true and correct to the best of my knowledge and belief.

EXECUTED on this the 28 day of March/ A.D. 2015.

^\Louj^. lo—^~

Walter Aaron Hamilton/ Pro-se

Applicant

TDCJ-CID #1493992

D.O.B. 11/07/65

Ellis Unit

1697 FM 980

Huntsville, Texas 77343

CERTIFICATE OF SERVICE

1/ Walter A. Hamilton, TDCJ-CID #1493992, Applicant, being presently

incarcerated at the O.B. Ellis Unit of the Texas Prison System, here in Walker

County, Texas, do hereby certify that a true and correct copy of the above and

foregoing "Motion For Extension Of time To file Motion For Reconsideration was

mailed to: Criminal District Attorney, Paul Elizondo Tower, 101 W. Nueva, 7th

floor, San Antonio, Texas, 78205, on this the 28 day of March, A.D. 2015, by

depositing the same into the Internal Prison Mail System, with first-class

postage prepaid.

(3)

Walter Aaron Hamilton, Pro-se

Applicant