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 CLERKPursuant	to	TEX.	Rs.	APP.	P.	10,	and	68.2(c),	Timothy	Herring	r equests
an	 extension	 of	 time	 to	 file	 his	 petition	 for	 discretionary	 rev iew,	 and	 in

support,	offers	the	following:

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

2. Counsel	 for	Petitioner	requests	a	32	day	extension	of	 time,	mak ing	 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	hav e	been	requested	by	Petitioner’ s	attorney.

4. Counsel	for	Petitioner	relies	on	the	following	reasons,	in	addi tion	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	 t he 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	 i n order	to	adequately	prepare	peti tioner’s	request	for	relief.

5. Counsel	 for	Appellant	seeks	 this	extension	only	 to	be	able	 to	p repare	a
more	 thorough,	 cogent	and	 succinct	argument	 to	aid	 this	 Court	i n	 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	do es	not	oppose

this	motion.

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

attorney	 whose	 signature	 appears	 below;	 therefore	 no	 verificati on	 is
necessary	under	Tex.	R.	App.	P.	10.2.

PRAYER FOR RELIEF
For	the	reasons	described	above,	Appellant	requests	that	this	C ourt
grant	this	Unopposed	First	Motion	to	Extend	Time	and	extend	the deadline	for

filing	the	petition	for	discreti onary	review	brief	up	to	and	in cluding	May	19,

2015.		Petitioner	also	requests	a ll	other	relief	to	which	he	ma y	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 PetitionerCERTIFICATE OF CONFERENCE
I	certify	that	I	conferred	with	c ounsel	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	 docume nt	 was
served	in	accordance	with	 the	Texas	Rules	of	Appellate	Procedur e	on	 the	6 th
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

.