Comes now, David Smith, Petitioner, and files this motion for an extension of sixty (60) days in which to file a petition for biscretionary Review. In support of this motion, appellant shows the Court the following:

*2 I.

The Petitioner was convicted in the 3rd District Court of Parliament County, Texas of the offense of Possession of a Controlled Substance of Four Grams of More, But Less Than 200 Grams, NAMELY HERIOM in Cause NO. 1333660 p. 3, Styled State of Texas vs. David Smith. The Petitioner Apposled to the Court of Appeals Second Supreme Judicial District. The case was ashamed on December 3, 2015.

II.

The present deadline for filing the Petition for Discretionary Review is January 2, 2016. The Petitioner has not Requested any extemtion prior to this Request.

III.

Petitioner's request for an extemtion is based upon the following facts: Petitioner was not informed of the decision of the Court of Appeals in Abit

*3 CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing First Motion for Extrusion of Time to File a Petition for Discretionary Review, has been forwarded by U.S. Mail, postage prepaid, first class, to the Attorney for State, SHAREN Wilson, at 401 W. Belknap.

P.O. Box 12405, Austin, Texas 78711 on this the 22nd day of December 2015.

P. O. Box 12405, Austin, Texas 78711 on this the 22nd day of December 2015.

David Smith

Pétitioner, postage

I, David Smith, TDCJ# 2010208, being presently incarcerated in the Dick ware unit of the Texas Department of Criminal Justice in Mitchell County, Texas, Verify and declare under penalty of perjury that the foregoing statements are true and correct. Executed on this the 22nd day of December 2015.