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Mays, Rodney Carnell

Citation: Not availableDocket: PD-1372-15

Court: Court of Appeals of Texas; October 21, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Rodney Carnell Mays, the appellant, seeks an extension of time to file a petition for discretionary review regarding his conviction for misdemeanor assault on a family member (Cause Number 1875634) in the County Criminal Court Number 7 of Harris County, Texas. Mays was sentenced to fifty-six days in jail, and his conviction was affirmed by the First Court of Appeals on October 13, 2015. The deadline for filing the petition is November 12, 2015. This is Mays' first request for an extension. His attorney, Daucie Schindler, requests additional time to evaluate complex issues related to the case and to consult properly with Mays, emphasizing that the motion is not intended to cause delay. Mays requests an extension of thirty days, moving the filing deadline to December 12, 2015. The motion is respectfully submitted by Alexander Bunin, Chief Public Defender, and includes a certificate of service indicating that it was electronically served to relevant parties on October 21, 2015.

Legal Issues Addressed

Affirmation of Conviction by Appellate Court

Application: The First Court of Appeals affirmed Mays' conviction, establishing the timing for when a petition for discretionary review must be filed.

Reasoning: Mays was sentenced to fifty-six days in jail, and his conviction was affirmed by the First Court of Appeals on October 13, 2015.

Criteria for Granting Extensions in Appellate Procedure

Application: The request for an extension is submitted by Mays' attorney to allow for adequate evaluation of case complexities, without the intention to cause delay.

Reasoning: His attorney, Daucie Schindler, requests additional time to evaluate complex issues related to the case and to consult properly with Mays, emphasizing that the motion is not intended to cause delay.

Extension of Time for Filing Petition for Discretionary Review

Application: The appellant seeks an extension of 30 days to file a petition for discretionary review of his conviction, due to the need for his attorney to evaluate complex issues and consult properly.

Reasoning: Rodney Carnell Mays, the appellant, seeks an extension of time to file a petition for discretionary review regarding his conviction for misdemeanor assault on a family member.

Procedural Requirements for Motion Submission

Application: The motion for an extension includes a certificate of service, ensuring compliance with procedural rules for service to relevant parties.

Reasoning: The motion is respectfully submitted by Alexander Bunin, Chief Public Defender, and includes a certificate of service indicating that it was electronically served to relevant parties on October 21, 2015.