Case Information
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Paul R. Desilets
T.D.C.J.# 1581093
7405 hwy 75 S
Huntsville Texas 77344
Goree Unit
July 15 2015
COURT OF CRIMINAL APPEALS Ms. Barbra Gladden Adamick District Clerk Montgomery County 301 N. Main St. P.O. Box 2985
Conroe Texas 77305
JUL 97 2015
AbsiAcossia, Clorik
RE: Cause No. 08-12-11262-CR-II, Paul Desilets.v. State Of Texas;
Dear Ms. Adamick, Please find enclosed Applicant's Motion For Extension Of Time. Could you please file this with the Court and bring it to there attention, also could you please time stamp and return to above offender. This offender is indigent and T.D.C.J. will not allow him to forward a stamped envelope.
Thank You for your assistance in this matter.
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CAUSE NO. 08-12-11262-CR-II
PAUL R. DESILETS V.
THE STATE OF TEXAS &; IN THE DISTRICT OF $ THE 359th JUDICIAL DISTRICT $ MONTGOMERY COUNTY, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE OBJECTION UNDER 33.1 TO STATE'S ANSWER AND FINDING OF FACTS WITH CONCLUSION OF LAW
TO THE HONORABLE JUDGE OF THE 359th DISTRICT COURT OF MONTGOMERY COUNTY, TEXAS AND THE JUSTICES OF THE COURT OF CRIMINAL APPEALS:
NOW COMES, Paul R.Desilets, Applicant, in the above cause, and files this his Motion For Extension of Time, Pursuant to R. 79.6 of the Rules of Appellate Procedure, and in complying with R. 10.5(b) of the Rules of Appellate Procedure.
In support of this Motion, Applicant will show the Honorable Court the following:
I.
Applicant in the above cause is currently incarcerated in the T.D.C.J. in Walker County, Huntsville Texas. Applicant is filing under equatible tolling and requests this Honorable Court extend his time to file an objection under 33.1, of the Rules of Appellate Procedure. Egerton v. Cockre11, 334 F3d 433 (5th Cir 2003). This due to his extrodinary circumstances that are beyond his control1 and his limited access to a condensed law library.
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II.
On October 6, 2014, Applicant filed his application for writ of habeas corpus under article 11.07. On July 6, 2015, the State field it's third answer along with it's finding of facts and conclusion of law. Now Applicant requests a Motion for Extension of Time, and states; The contents of the Motion will be an objection to several issues of error in State's answer and finding of facts and conclusion of law, that he has only 15 day's in which to file his objection.
Applicant is requesting only a 30 day extension to file his objection, is incarcerated and has limited time and resorces and has filed no other requests for extension.
III. CONCLUSION
It is obvious from the State's answer, finding of facts and conclusion of law that a grasping of straws is evident. Applicant wishes to object to several point as error which are not consistant with the record and the facts of his trial.
IV. PRAYER
Wherefore, Premises Considered, Applicant, Paul R. Desilets Prays that this Honorable Court Grant his Motion For Extension Of Time to file his objection to the State's answer, finding of facts and conclusion of law.
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INMATE DECLARATION
I, Paul R. Desilets, being presently incarcerated in the Goree Unit of the Texas Department of Criminal Justice, declare under penalty of purjury, Pursuatn to 28 U.S.C. , that the facts in this Motion are true and correct.
Executed on this day of July, 2015
CERTIFICATE OF SERVICE
I, Paul R. Desilets, being presently incarcerated in Walker County, Texas and under penalty of purjury pursuant to 28 U.S.C. § 1746, do hereby affirm that I have delivered a copy of this Motion to the prison mailroom officials for delivery to the following:
Abel Acosta, Clerk Court of Criminal Appelas Capitol Station Austin Texas 78711
Barbra Gladden Adamick District Clerk, Montgomery County 301 n. Main St. Conroe Texas 77305