FILED IN PD- 13 01-15 PD-1301-15 COURT OF CRIMINALAPPEALS *U -L 3 U J- -L Z> COURT OF CRIMINAL APPEALS AUSTIN, TEXAS December 4, 2015 Transmitted 12/2/2015 4:42:30 PM Accepted 12/4/2015 12:01:16 PM ABEL ACOSTA, CLERK IN THE COURT OF CRIMINAL APPEALS ABEL AC°Ht CLERK

LESLIE LEE § APPEALED FROM THE Appellant COURT OF APPEALS, 6th DISTRICT V. § CASE NO. 06-15-00004-CR TRIAL COURT NO. 42,954-A THE STATE OF TEXAS Appellee § STATE OF TEXAS

THIRD MOTION FOR EXTENSION OF TIME VJ ~ . TO FILE PETITION FOR DISCRETIONARY REVIEW \ ° TO THE HONORABLE COURT OF APPEALS: ji. NOW COMES, LESLIE LEE, the Appellant herein, and moves the Court for an

extension of time to file Appellant's Petition for Discretionary Review in this cause, pursuant to

Rules 38.6 and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would

show the Court as follows:

I.

The Appellant in this cause was convicted in the 188th District Court of Gregg County, Texas in cause number 42,954-A for the offense of Theft.

II.

The Court of Appeals' opinion on remand was delivered on September 1, 2015.

Appellant's Petition for Discretionary Review is due on or about December 2, 2015.

III.

The Appellant hereby requests a second extension of time to file Appellant's Petition for

Discretionary Review.

The undersigned counsel has been unable to devote sufficient time to the review ofthe

record, research and preparation of Appellant's Petition for Discretionary Review for the following good and sufficient reasons:

Counsel for the defendant is still ill and is under the care of Dr. William Rotzler (see

letter attached).

In addition to the above-listed matter, the undersigned counsel has been involved with a

very busy trial and appellate schedule and is involved in numerous other felony

and misdemeanor cases at various stages of litigation.

WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant's Petition for Discretionary in this cause for an additional thirty days, to January 4, 2016.

RESPECTFULLY SUBMITTED,

/s/Clement Dunn Attorney for Appellant 140 E. Tyler Street, Suite 240 Longview, TX 75601 (903) 753-7071 Fax (903) 753-8783 State Bar # 06249300 CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of

the above and foregoing document was this date provided to the Attorney for the State.

Date: 12-02-15

/s/ Clement Dunn Attorney for Appellant IN THE COURT OF CRIMINAL APPEALS

LESLIE LEE § APPEALED FROM THE Appellant COURT OF APPEALS, 6th DISTRICT V. § CASE NO. 06-15-00004-CR TRIAL COURT NO. 42,954-A THE STATE OF TEXAS Appellee § STATE OF TEXAS

ORDER

BE IT REMEMBERED, that on the day of , 20 , came

on to be considered the above and foregoing Third Motion for Extension of Time to File

Appellant's Petition for Discretionary Review. After consideration of the same, it is the opinion

of the Court that Appellant's Motion be:

( ) GRANTED, and the present cause is hereby extended until ,

20 .

( ) DENIED, to which ruling the Appellant excepts.

( ) SET FOR HEARING ON THE day of ,20 , at

o'clock .

SIGNED:

JUDGE PRESIDING IUI. jv. iv \J 1,1.. tunro

William HRotzfer, MD 705 E Marshall Ave. Suite 5003 Longview, TX 75601

Phone:903-236-3035

Fax: 903-757-3178

November 30,2015

Re: Richard Dement Dunn

ToWhom It MayConcern,

Mr. Dunnes has been underactive care for chronic sinusitis with secondary otitis media that has shown limited response to treatmentthus far. It not onlyaffects his hearing significantly but also has an effect on general endurance. In my opinion this significantly affects his ability to function as an active attorney in court. His current prognosis for return to full function is at feast until December 18,2015, as he has been consulting with another specialist as well. If you have any further inquiries, please feel freeto contact my office. Sincerely,

it* William HRotzler, M.D.

WHR/ad