Case Information

*1 FILED IN PD-1197-13 COURT OF CRIMINALAPPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Wf (I [/Transmitted 2/12/2015 3:57:47 PM February 12, 2015 i/1 AV Accepted 2/12/2015 4:06:24 PM /\l'J / ABELACOSTA

abelacosta, clerk No. PD-1197-1 jiS CLERK vr Tory Levon Kirk,

Appellant

Court of Criminal Appeals v.

of Texas State of Texas,

Appellee Appellant's Unopposed Motion for Extension of Time

to File Motion for Rehearing

Appellant Tory Levon Kirk files this Unopposed Motion for Extension of Time to file its Motion for Rehearing and would respectfully show this Court the following:

1. Appellant's motion for rehearing is due today, February 12, 2015. Appellant respectfully requests a 15-day extension of his deadline. If

permitted, Appellee's brief would be due on February 27, 2015. Appellant seeks this extension because his undersigned counsel has been occupied with the following deadlines in the previous two weeks:

— February 4, 2015: Petition for Discretionary Review due in Stepherson

v, State, which is pending in this Court as Case No. PD-1628-14; *2 — February 10, 2015: Motion to Compel due in RAM Aircraft^ Limited

Partnership v. J.A.R. Management Corporation, which is pending in the 74th Judicial District Court of McLennan County, Texas; and — February 11, 2015: Petition for Review due in N.R.J, v. State, which is

pending in the Supreme Court of Texas as Case No. 15-0015. Appellant has neither requested or nor received any previous

extensions of time to file any document in this case. This motion is not made for purposes of delay, but so that justice may

be done.

Respectfully submitted, s/ Matthew J. Kita Texas Bar No. 24050883 P.O. Box 5119 (214) 699-1863 (Telephone) (214) 347-7221 (Facsimile) matt@mattkita.com Counsel for Appellant *3 Certificate o f Conference On February 12, 2015,1 conferred with the State's counsel regarding the merits of this motion, who represented that the State is unopposed to the relief requested.

/s/ Matthew J. Kita Matthew J. Kita Certificate of Service The undersigned certifies that a copy of this notice was served on the following counsel via e-filing in accordance with Texas Rule of Appellate Procedure 9.5 and this Court's Local Rules on February 12, 2015:

Counselfor Appellee:

Lori Ordiway

Dallas County District Attorney's Office

133 North Riverfront Boulevard

/s/Matthew J. Kita