NO. _______															_____

 

IN THE TEXAS COURT OF CRIMINAL APPEALS

              

TIMOTHY HERRING

Petitioner,		 	

V.

THE STATE OF TEXAS,

Respondent.

              

From the Second Court of Appeals, No. 02‐12‐00546‐CR,

and the District Court of Wise County, Texas,

Cause No. CR16345‐A

              

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE PETITION FOR DISCRETIONARY REVIEW

J.	Jeffrey	Springer	

State	Bar	No.	18966750	

SPRINGER	&	LYLE,	LLP	

1807	Westminster	

Denton,	TX		76205	

Jeff@Springer‐Lyle.com		

940‐387‐0404	

940‐383‐7656	(fax)	

Counsel for Appellant

	 	

PD-0376-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/7/2015 11:30:47 AM

Accepted 4/15/2015 10:32:52 AM

ABEL ACOSTA

CLERK
Pursuant	to	TEX.	Rs.	APP.	P.	10,	and	68.2(c),	Timothy	Herring	requests	

an	 extension	 of	 time	 to	 file	 his	 petition	 for	 discretionary	 review,	 and	 in	

support,	offers	the	following:		

1. The	petition	for	discretionary	review	is	currently	due	April	11,	2015.	

2. Counsel	 for	Petitioner	requests	a	32	day	extension	of	 time,	making	 the	

due	date	for	the	petition	May	14,	2015.		

3. This	is	 the	 first	request	 for	an	extension	of	 time	 to	 file	 the	petition	 for	

review.		No	other	extensions	have	been	requested	by	Petitioner’s	attorney.	

4. Counsel	for	Petitioner	relies	on	the	following	reasons,	in	addition	to	the	

routine	matters	 that	 counsel	must	 attend	 to	in	 daily	 practice,	to	 explain	 the	

need	for	the	requested	extension:	

Counsel	 did	 not	 represent	 Petitioner	 in	 the	 trial	 court	 or	 in	 the	

court	 of	 appeals.	 	 Counsel	 was	 first	 appointed	 to	 represent	

Petitioner	 on	 April	 1,	 2015.	 Counsel	 needs	 additional	 time	 to	

familiarize	 himself	 with	 the	 record	 and	 legal	 issues	 involved	 in	

order	to	adequately	prepare	petitioner’s	request	for	relief.	

5. Counsel	 for	Appellant	seeks	 this	extension	only	 to	be	able	 to	prepare	a	

more	 thorough,	 cogent	and	 succinct	argument	 to	aid	 this	 Court	in	 analyzing	

Petitioner’s	issues.		This	request	is	not	sought	for	delay	but	so	that	justice	may	

be	done.	
6. As	shown	in	the	certificate	of	conference,	the	undersigned	has	conferred	

with	counsel	 for	 the	State,	who	has	indicated	 that	 the	State	does	not	oppose	

this	motion.		

7. All	facts	recited	in	this	motion	are	within	the	personal	knowledge	of	the	

attorney	 whose	 signature	 appears	 below;	 therefore	 no	 verification	 is	

necessary	under	Tex.	R.	App.	P.	10.2.	

PRAYER FOR RELIEF

For	the	reasons	described	above,	Appellant	requests	that	this	Court	

grant	this	Unopposed	First	Motion	to	Extend	Time	and	extend	the	deadline	for	

filing	the	petition	for	discretionary	review	brief	up	to	and	including	May	19,	

2015.		Petitioner	also	requests	all	other	relief	to	which	he	may	be	entitled.	

	 	 	 	 	 	 	 Respectfully	submitted,	

	 	 	 	 	 	 	 J.	Jeffrey	Springer	

	 	 	 	 	 	 	 State	Bar	No.	18966750	

	 	 	 	 	 	 	 SPRINGER	&		LYLE,	LLP		

		 	 	 	 	 	 1807	Westminster	

	 	 	 	 	 	 	 Denton,	TX		76205	

	 	 	 	 	 	 	 Jeff@Springer‐Lyle.com	

		 	 	 	 	 	 940‐387‐0404	

940‐383‐7656	(fax)	

	 	 	 	 	 	 	 		/s/	J.	Jeffrey	Springer												.

Counsel for Petitioner

	 	
CERTIFICATE OF CONFERENCE

I	certify	that	I	conferred	with	counsel	for	the	State	regarding	this	motion	

and	that	the	State	is	NOT	opposed	to	this	motion.	

	 	 	 	 	 	 	 									/s/							J.	Jeffrey	Springer												.

								

CERTIFICATE OF SERVICE

	 I	 certify	 that	 a	 true	 and	 correct	 copy	 of	 the	 foregoing	 document	 was	

served	in	accordance	with	 the	Texas	Rules	of	Appellate	Procedure	on	 the	6th			

day	of	April,	2015,	to	the	following:	

Via facsimile: (940) 627‐6404

Mr.	Greg	Preston	Lowery,	Esq.	

Wise	County	District	Attorney	

101	North	Trinity,	Suite	200	

Decatur,	Texas	76234	

Via facsimile: (817) 887‐9032

Mr.	Tim	Cole,	Esq.	

222	West	Exchange	Avenue	

Fort	Worth,	Texas	76164	

	 	 	 	 	 	 	 									/s/							J.	Jeffrey	Springer												.