IN THE COURT OF APPEALS TWEEETH COURT OF APPEALS DISTRICT OF TEXAS 

# JOSEPHFINLEY § 

# APPELLANT * APPEALNO.12-14-00005-CR § TRIAL COURT No.2013-0140 OUT OF 

# s ANGELINACOUNTY,TEX'A&3E<N=£GHE:DIW 

# STATEOFTEXAS § 217thDISTRICTCODR?0F^MNALAPPEALS APPELLEE § AUGg?2Q15

MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW 

## ^be!Acostfe,Clmk 

# FILEDIN 

# COMESNOW...JOSEPHFINLEY,(HEREAFTER" APPELLANTCOURTOFCRIMINALAPPPA AMR27?W 

### MOVINGAND SHOWINGAS FOLLOWS JvJ 'tJU 

# i At>elAcosta, Clerk ON 22 JULY 2015 THIS COURT AFFIRMED THE ILLEGAL CONVICTION OF THIS APPELLANT WITHOUT PROPER JURISDICTION.THE TRIAL RECORDS WERE FOUND TO BE INCOMPLETE.THE:WASt.NO SENTENCING PHASE ANYWHERE PRESENT IN THE COURT REPORTER'S RECORD. THE COURT TRIED TO FABRICATE A MOCK SENTENCING HEARING...TO GAIN THE MUCH NEEDED JURISDICTION TO BE ABLE TO RULE ON THIS APPEAL. THIS HEARING WAS STAGED OUTSIDE THE PROPER PARAMETERS OF THE TEXAS RULES OF COURT. FURTHER,THE ATTORNEY WHICH THIS COURT APPOINTED FOR THIS APPELLANT WAS NOT THE ONE HE HAD AT TRIAL....AND THE ASSISTANTDISTRICTATTORNEY WAS ALSO NOT THE SAME. 

### THERE, THE TRIAL COURT JUDGE WAS THE ONLY MEMBER OF THAT 

### ORIGINAL BOLLOCKS/SHAM OF A SENTENCING HEARING.AND BEING THE ONLY WITNESS OF THAT ORIGINAL COURT HEARING..-THE APPELLANT TAKES EXCEPTION AND ASSERTS THAT HE WAS ENTITLED TO A NEW TRIAL AT THAT POINT. 11• 

### APPELLANT REQUESTS THAT HE BE GIVEN AN EXTENSION OF TIME IN WHICH TO PERFECT HIS PETITION FOR DISCRETIONARY REVIEW AS THIS APPELLANT IS NOW INCARCERATED...AND IS ONLY ALLOWED LIMITED ACCESS TO THE PRISON'S ONLY UNIT LAW LIBRARY. ALSO...THE APPEALS COURT RELIED 

### ON SOME TWENTY (20) CASE PRECEDENT CITATIONS WITH ADDITIONAL AUTHOR ITIES IN ITS MEMORANDUM OPINION.IT WILL TAKE MANY VISITS TO THIS UNIT LAW LIBRARY TO GET AND REACH AN UNDERSTANDING OF THE CASE LAW. 

# (l|Ill 

### NEXT,THE CERTIFIED LETTER FROM MY APPEALS ATTORNEY...DID NOT REACH MY HANDS UNTIL THE LAST WEEK OF JULY. I ADVISE THIS COURT THAT I HAVE ABSOLUTELY 'ZERO' KNOWLEDGE OF THE LAW...I CANNOT ACCURATELY 

### COMPREHEND/DISCERN LEGAL RULINGS ANDCITATIONS THERE IS VERY LITTLE, THAT I CAN ACTUALLY BRIEF AND FILE WITH THE COURT.HOWEVER...I MUST TRY...BECAUSE...MY CONVICTION WAS WORTHY OF BEING OVER-TURNED DUE TO THIS MISSING AND INCOMPLETE RECORD. NO STAGED MOCK-UP CAN COVER THAT MISSING TRIAL PORTION. I AM ILLEGALLY RESTRAINED OF MY LIBERTY.

IV 

### APPELLANT:. WILL NOW MOVE FOR A (120) EXTENSION OF TIME IN WHICH TO PREPARE HIS PETITION FOR DISCRETIONARY REVIEW. AND HE URGENT LY REQUESTS A COPY OF THE ORIGINAL RECORD FROM THE COURT REPORTER ALONG 

### WITH THE TRANSCRIPTS OF THE COVER-UP (MOCK) 'SENTENCINGHEARING1 FOR 

### RESEARCH AND BRIEFING.THIS APPELLANT IS INDIGENT/INPERCUNIOUS. THE APP 

### LICANT SWEARSUNDER PENALTYOF PERJURY PURSUANT TO 28 U.S.C. § 1746 THAT HE IS WITHOUT ANY FUNDS...OWNS NO CONVEYANCES...NOR STOCKS NOR BONDS...NO BANK ACCOUNTS NO REAL ESTATE...ABSOLUTELY NOTHING AT ALL. 

### APPELLANT ENCLOSES AN INMATE TRUST FUND COMPUTER PRINT-OUT TO 

### CONFIRM HIS-INDIGENCY...AND BEGS THIS COURTS INDULGENCE IN PROVIDING 

### THIS MUCH NEEDEDTRIALRECORD(S)/TRANSCRIPTS (INFULL) SOTHAT HE MAY OBTAIN REASONABLE AND FUNDAMENTAL FAIRNESS.



### WHEREFORE PREMISES CONSIDERED...THIS APPELLANT ASKS THAT HE 

### BE GRANTED AN EXTENSION OF TIME IN WHICH TO PERFECT HIS PETITION OF DISCRETIONARY REVIEW. CERTIFICATE OF SERVICE BE ADVISED THAT THIS APPELLANT HAS SERVED A CRBON COPY UPON THE STATE OF TEXAS BY MAILING IT TO THE ATTORNEY GENERAL'S OFFICE AT 

### P.O. BOX 12548 CAPITOL STATION AUSTIN,TEXAS 78711 POSTAGE PRE-PAID AND HANDED TO PRISON LAW LIBRARY STAFF.

RESPECTFULLY TENTERED. . . . 

# Ir^tV JOSEPfKFINLEY PRO SE

W.P. CLEMENTS UNIT 19001267 TDCJ NUMBER



### 9601 SPUR 591 AMARILLO,TX. 79107