PD-0251-18 PD-0251-18 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 3/6/2018 8:02 AM Accepted 3/8/2018 11:31 AM DEANA WILLIAMSON CLERK

FILED COURT OF CRIMINAL APPEALS NO. 3/8/2018 DEANA WILLIAMSON, CLERK

IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS

MARVIN SHILLING Appellant v.

STATE OF TEXAS Appellee

Appeal from the Seventh Court of Appeals Number 07-17-00105-CR

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

LAW OFFICE OF STAN SCHWIEGER 600 Austin Avenue, Suite 12 Waco, Texas 76701 (254) 752-5678 (254) 752-7792—Facsimile State Bar No. 17880500 E-mail: [email protected] Marvin Shilling, Appellant, moves for an extension to file Appellant’s Petition

for Discretionary Review.

I.

Appellant Marvin Shilling moves this Court to allow an extension of thirty (30)

days to file his Petition for Discretionary Review.1 Appellant was convicted of the

offenses of Aggravated Sexual Assault of a Child-Count I, Aggravated Sexual

Assault of a Child-Count II, Aggravated Sexual Assault of a Child-Count III,

Indecency with a Child by Contact-Count IV and Indecency with a Child by Contact-

count V. He was sentenced to sixty (60) years and $5,000.00 fine on Counts I, II and

III. He was sentenced to twenty (20) years and$5,000.00 for Counts IV and V in the

Texas Department of Criminal Justice, Institutional Division.2 The trial court

ordered the punishments to run concurrently. The sentencing took place on February

9, 2017. The Seventh Court of Appeals issued its opinion on February 8, 2018

denying Appellant’s requested relief.3

1 TEX. R. APP. P. 68.2(c). 2 State v. Marvin Shilling, No. 2015-599-C2 (54th District Court, McLennan County Tex. February 9, 2017) (I C.R. at 191–94). 3 Shilling v. State, No. 07-17-00105-CR, 2018 WL 7941732 (Tex. App.—Amarillo, Feb. 8, 2018) (mem. op., not designated for publication).

Appellant’s First Motion to Extend Time to File Petition For Discretionary Review Page 1 II. REQUIRED INFORMATION PURSUANT TO THE RULES OF APPELLATE PROCEDURE

A. The deadline for filing the Petition for Discretionary Review:4 March 12, 2018.

B. The length of the extension sought:5 Thirty (30) days.

C. The facts relied upon to reasonably explain the need for the extension:6

Appellant’s attorney is a sole practitioner engaged in the practice of criminal law. Counsel carries a heavy load of existing criminal trial and appellate work.

In addition, Appellant’s counsel prepared and filed the following matters: a Petition for Discretionary Review in McAlpine v. State, in this Court and a motion for new trial in the 54th District Court. Further, counsel has had several plea, trial and sentencing and other criminal defense related matters, including the drafting of several post-conviction motions/briefs.

D. Number of previous extensions granted for previous Petitions for Discretionary Review:7 None.

4 TEX. R. APP. P. 10.5(b)(1)(A). 5 TEX. R. APP. P. 10.5(b)(1)(B). 6 TEX. R. APP. P. 10.5(b)(1)(C). 7 TEX. R. APP. P. 10.5(b)(1)(D).

Appellant’s First Motion to Extend Time to File Petition For Discretionary Review Page 2 III.

The additional time requested is not sought solely for delay, nor sought

frivolously, but will be of genuine assistance to Appellant’s attorney in allowing to

timely file the Petition.

REQUEST FOR RELIEF

Appellant requests that this Court grant his Motion and extend the deadline for

filing Appellant’s Petition For Discretionary Review to April 11, 2018 or that this

Court grant such additional time as is just and proper.

Respectfully submitted,

LAW OFFICE OF STAN SCHWIEGER

/s/ Stan Schwieger Stan Schwieger 600 Austin Avenue, Suite 12 Waco, Texas 76701 (254) 752-5678 (254) 752-7792—Facsimile E-mail: [email protected] State Bar No. 17880500 ATTORNEY FOR APPELLANT

Appellant’s First Motion to Extend Time to File Petition For Discretionary Review Page 3 CERTIFICATE OF SERVICE

A copy of this Motion was delivered to Mr. Sterling Harmon, McLennan County District Attorney’s Office on March 6, 2018 by this Court’s electronic filing service at [email protected].

/s/ Stan Schwieger Stan Schwieger

Appellant’s First Motion to Extend Time to File Petition For Discretionary Review Page 4