WR-82,063-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/4/2015 3:56:50 PM Accepted 8/5/2015 8:46:16 AM ABEL ACOSTA Law Offices of Scott Pawgan CLERK W. Davis Suite 116 Conroe, TX 77301 RECEIVED Phone: (936) 242-6975 COURT OF CRIMINAL APPEALS Facsimile: (936-) 788-6199 8/5/2015 Website: www.conroecriminallawyer.net ABEL ACOSTA, CLERK E-Mail: [email protected] *Board Certified in Criminal Law by the *Member, National Association Criminal Texas Board of Legal Specialization Defense Lawyers *Member, Texas Criminal Defense Lawyers *Board Member, Montgomery County Criminal Association Lawyers Association *Member, Harris County Criminal Lawyers Association *Associate Board Member, Texas Criminal *Member, Polk County Criminal Lawyers Lawyers Association Association *Member, National College of DWI Defense August 4, 2015

Abel Acosta, Clerk Court of Criminal Appeals Supreme Court Building West 14th Street, Room 106 Austin, Texas 78701 Re: Court of Appeals No. WR-82063-01; Ex Parte Elmer Howard Whisenant; In the Court of Criminal Appeals in Austin, Texas Dear Mr. Acosta, Counsel received the findings of facts, conclusions of law and recommendations from the trial court late. Counsel had requested that this court take no action on the writ until at a minimum July 31, 2015. Counsel is asking this court delay taking action for another week from the originally requested date to August 7, 2015.

Even though counsel has tried to contact two individuals that Counsel needs to speak to and get potential controverting affidavits, those individuals are not available until at the earliest August 6, 2015. In addition, Counsel is the course director for a CLE program being hosted by the TCDLA and MCCLDA on August 6, 2015.

Thank you for your time and consideration in this matter.

Sincerely

Scott Pawgan