PD-0038-15 COURT OF CRIMINAL APPEALS

JANUARY 15, 2015 PD-0038-15 AUSTIN, TEXAS Transmitted 1/8/2015 10:07:30 AM Accepted 1/15/2015 5:03:32 PM No. 07-13-00422-CR ABEL ACOSTA CLERK GABRIEL LUNA § IN THE COURT OF APPEALS § V. § OF THE SEVENTH SUPREME § STATE OF TEXAS § JUDICIAL DISTRICT

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

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW the Appellant, by and through his counsel, David Crook, and files

this motion for an extension of 30 days or the maximum amount of time possible in

which to file his Petition for Discretionary Review in the above-referenced appeal. In

support of this motion, Appellant would show the Court the following:

I.

On December 10, 2014, the Seventh Court of Appeals, in Appellate No. 07-13-

00422-CR, styled Gabriel Luna v. the State of Texas, affirmed the judgment of the Court

below.

II.

The present deadline for filing Appellant’s Petition for Discretionary Review is

January 9, 2015. The Appellant has not requested any extensions with regard to his

P.D.R. prior to this request.

III.

Appellant's request for an extension is based upon the following facts: Counsel

has been spending some time in Shreveport, Louisiana, as Counsel’s 87-year old mother

requires some attention to her affairs regarding her increasing hearing and vision

problems. Prayer WHEREFORE, appellant prays that the Court grant this motion and extend the deadline for filing the Appellant’s Petition for Discretionary Review in Appellate No. 07- 13-00422-CR to Monday, February 9, 2015. Respectfully submitted,

Crook & Jordan

By: /s/David Crook David M. Crook PO Box 94590 Lubbock, TX 79493 (806) 744-2082 SBN: 05109530 Telephone: (806) 744-2082 Fax: (806) 744-2083 [email protected] Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that a copy of the above-entitled and numbered motion has been served on Jeff Ford, attorney for the state, by e-mail, on this the 8th day of January, 2015.

/s/David Crook DAVID CROOK

Appellant’s M.Xtn.PDR 2