Shilling, Marvin Ray ( 2018 )

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: wacocrimatty@yahoo.com
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: wacocrimatty@yahoo.com
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 sterling.harmon@co.mclennan.tx.us.
/s/ Stan Schwieger
Stan Schwieger
Appellant’s First Motion to Extend Time to File Petition For Discretionary Review Page 4