PDR MOS.

RECEIVED \U

COURT OF CRIMINAL APPEALS

IN THE COURT OF SEP 212015

CRIMINAL APPEALS

AbelAcosta,Clerk

OF TEXAS

MOWABD MA-RTIM I4ARRIS, PETITIONER

VS.

TME STATE OF TEXAS

FIRST MOTION FOR EXTEUSIOM OF TIME

TO FILE

PETITION FOR DISGHETIOHMIY REVIEW

MOS. ltV-m--003c\l-CR AND l4-K-O03S2rCR

IN THE COURT OF APPEALS FOR THE

FOURTEENTH DISTRICT OF TEM5

TRIAL CMSE tiOS. I2CR-\B63 AMD IHGROISHTH THE 212.TM DISTRICT COUlRT OF

GALVESTON COUNTY) TEXAS

FILED IN

HOWARD K HARRIS, PETITIONER /PRO St court of criminal appr>

T.frC/X NO. H40H22 se?-232c:j

<9(5 12 STREET Abel Acosta, Cifem

HUNTSVILLE, TEXAS 77348
1MM-E OF CONTEOTS

page

TxWe. af GonVeivls - ^_^_ Z

Lis!" of Parses . 3/4

PeliVioner's (Hailon . 5

Pr ayer

CefTitlcaTe. of

Service . — 9

Swam DetUwrion 8
LIST OF PARTIES

Presiding Judge Honora.ble Brei Griffin

Appellant Houiard Florin Vlarris

Appellee The State, of Texas

Attorney for Appellanf Ms, Stacy Valdez

(Trial .only) lit LJ.Bay ftreaWvJ,,S\d#>

Attarn&y -far Appellant Mr. Toe\ W. BanneH

(Appeal only) Sears £ Bennett, LLV

1100 l4ftSft?arWy,St5a2

Houslo(\)Te.xa& 11058

Attacrwy for Appellee Ms* CaiuLice Freemen

(TcioJ only) Mr* PajulI Love

(jalvesAba County Cum,

District ftfW<Ws Office.

kOO sq^Sfreet, Ste.lO0l

GdJw°slah,Te.ia£Tl55l
LIST OF PARTIES (cent.)

Attorney for Appellee Ms. Rebecca. Klaren

(Appeal only") katvesfon County Criminal

O'lSirict AtWneys Office.

tOO 5qTM Street, Ste.\00l

Galveston, TeKas 7155J

^
FIRST MOTION FOR EXTENSION OF

TIKE TO FILE

PETITION FOR DISCRETIONARY REVIEW

TO THE UuMOflA&LE TLlbGES OF Trtt COURT OF CRIIAIWAL

APPEALS;

NOW COMES, HouiarJ Harris, Petitioner, pro se ana

respectfully files this First Motion For Extension Df

Time To File Petition For Discretionary Review- In

Support of fhis notion Petitioner slnouiS the Caua the

faiioLoinat

1.

Petitioner was convicted in the 2.12 District Court- of

Galveston County, Galveston, Texas of -the indicted offenses

Aggravated Sexual "Assau.lt and Aggravated Kidnappina

in Cause. Nos. 12-CR-\&4>"3 and i4~CR-Q\54, Petitioner appealed

to the l4Trt Oistrict Court of Appeals,.Houston,Texas, in

ap9<2cJ cause Wos. lM-|4-D03^\-CR and W-\4-003<\l-uR. The

Court of Appeals affirmed fhe conviction in each cause

and issued fheir opinion on Auoasf zs] Z0\6. Court

appointed Counsel for the Petitioner filed a Motion For

Rehearing- uitK fhe 14Tl4 District Court of f^eals.The Motion

for Rehearing uias denied uiVVhout opinion Se.9te.mDer, 10 Z01S.

IIThe present deadline for filing -fhe Dexrfion For

5
Discretionary ftevieu; is October iOrHZO!5. Petitioner h«as

not recjueSTed any extension prior to this request.

TTT.

Petitioners request for an extension is based

upon fhe following facts:

\)Petitioner did nof receive notice of the

Court of Appeals' decision on the Motion For Rehearing

untilI September I6TM#>I5:

2) Court appointed counsel for appeal, loel

H- Bennett has issued notice that he ujill not be

representing Petitioner in fhe filing of fhe ?etition

for Discretionary Review. Thusly, Petitioner mast proceed

in the appeal process pro se,

DrVftioner lacks sufficent knowledge, of legal

procedures and document" formats to meet the

Current October \o\l 1015 deadline to file the Petition

For Discretionary Review,

4.) Petitioner has limited access to the La-ui

Library at fhe TDCI unit Lubere Vie is incacerated*

53The TDC3 unit where Petitioner is Currently

incarcerated has a scheduled bi-annual inventory

due to take place uoifhin the next thirty days,

durir\q ujhich time the unit uaill be on lock-doujn

for a period of 7-k>i4 days. Petitioner u/iU not have

access to the unit Lau> Library for the duration

of this iock-douon.
For the foreqoing reasons, Petitioner respectfully

requests this Honorable Court to extend fhe deadline

for filing the Petition For Discretionary Revieio in

Court of Appeals Cause Mos. W-i»J-003qi-CR and m-m003^12-CR by thirty (30) days to November lO^ZoiS",

in order that Petitioner may have sufficent time

to properW format" and file the Petfion For

Discretionary Review,

PRAYER

WHEREFORE, PREMISES COMSlftERED, Petitioner

prays that fhe Court of Criminal ftppeals grant

his First Motion For Extension Of Time To File

Petition Fof Discretionary Revieu).

l?espe ctfu\ly Submit\el,

Uouxxrd tWuS TDC3 Mo. MoU2

TDCT / HunW.lW Unit

8i5 I2TH Street

Huntsv/i lie, Texas TJ318

1
CERTIFICATE Of SERVICE -

I hereby certify that on September \%\ 2015, a true

and correct copy of Petitioner's First Motion For

Extension Of Time To File Petition For Discretionary

P\ev^eu3 to be filed in the Court Of Criminal repeats

has been forwarded by LLS, Mail, postage prepaid,

first class, to Attorney for State, "Rebecca Klaren* in

Care of the Galveston County Criminal District

Attorneys Office at LOO 5^ Street, SteTuOl;(aa\veston,

Texas 1155/, and to the State Prosecuting Attorney,

P.O. &ox I2405, Austin,Texas 18111 on this the l9TVy

of September 2015. . , ,

SWORN DECLl\ft(\TIQrt

X, Howard \dauis,T0C3 tto. iWO^n, being present/

incarcerated in the ItuntsviUe Unit of the Texas Depart-

-me.nt of Criminal Tustice-Insfnational Division in

Walker CouvAy, Texas, verify Ckt\A declare under penalty

of perjury that tbe. foregoing statements are, true

and Correct. Executei on this the \fiTV* do.y of

September, Z0\S- / a I

UPC?* iWlZ

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