Case Information
*1 PD-1173-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/9/2015 4:28:36 PM Accepted 9/14/2015 12:12:23 PM ABEL ACOSTA NO. _____________ CLERK M ICKEY LEE BATES, § IN THE COURT OF
§ VS. § CRIMINAL APPEALS
§
STATE OF TEXAS § OF TEXAS
M O TIO N TO EXTEN D TIM E TO FILE PETITIO N FO R D ISC R ETIO N A R Y R EVIEW TO THE HONORABLE JUDGES OF SAID COURT:
Now comes M ickey Lee Bates, Appellant in the above styled and numbered cause, and moves for an extension of time of 60 days to file a petition for discretionary review, and for good cause shows the following:
1. On August 11, 2015, the Court of Appeals overruled appellant's M otion for Rehearing, and affirmed appellant’s conviction. M ickey Lee Bates v.
State, 06-14-00096-CR. This petition is therefore due on September 10, 2015.
2. Counsel has been unable to complete the petition for the following reasons: In the last 30 days the undersigned attorney has had hearings and other scheduled business as set forth below:
August 13, 2015, a scheduled mediation in Greenville, Texas (subsequently rescheduled;
August 14, 2015, Hearing in Child Protective Services case styled IIO of Green Children;
August 17, 2015, temporary order hearing in a case styled In the Interest of J.E.S., a Child;
August 21, 2015, Family business in Lewisville, Texas, taking family member to doctor.
August 25, 2015, Child Protective Services (CPS) docket in 6 th District Court, Lamar County, Texas
August 26, 2015, C PS Family Group Conference
August 27, 2015, Hearing on M otion to M odify, styled IIO H.K.Y., a Child, in the 62 nd District Court of Lamar County, Texas
August 31, 2015, final hearing in case styled In the M atter of the M arriage of Karen Raney and Johnny Raney, in the County Court at Law of Lamar County, Texas;
September 1, 2015, jury duty in the County Court of Lamar County, Texas; In addition the undersigned has been recently retained to represent another client in a case styled Gerald Mac Lowrey v. State, PD-1053-15 in this case. The application is due on or before October 12, 2015.
3. Defendant is currently incarcerated.
W HEREFORE, PREM ISES CONSIDERED, appellant respectfully requests an extension of 60 days, i.e. until November 9, 2015, to file a petition for discretionary review.
Respectfully submitted, Gary L. W aite
104 Lamar Ave.
Paris, Texas 75460 (903) 785-0096
(903) 785-0097
By:/s/ G ary L. W aite Gary L. W aite
State Bar No. 20667500 garywaite@ sbcglobal.net A t t o r n e y f o r M ic k e y L e e B a te s , 01925935
C ER TIFIC A TE O F SER VIC E This is to certify that on September 9, 2015, a true and correct copy of the above and foregoing document was served on the County Attorney's Office, Lamar County, 119 N. M ain, Paris, Texas 75460, by personal delivery.
/s/ G ary L. W aite
Gary L. W aite