Pullen, Alyssa ( 2014 )

PD-1664-14
PD-1664-14 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/22/2014 11:47:42 AM
Accepted 12/29/2014 12:54:34 PM
ABEL ACOSTA
NO. _________________________ CLERK
IN THE
COURT OF CRIMINAL APPEALS
AT AUSTIN
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NO. 01-13-00259-CR
IN THE
FIRST DISTRICT COURT OF APPEALS
HOUSTON, TEXAS
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ALYSSA PULLEN,
Appellant
V.
THE STATE OF TEXAS,
Appellee
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CAUSE NO. 1817849
IN COUNTY CRIMINAL COURT AT LAW NO. 4
HARRIS COUNTY, TEXAS
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APPELLANT’S MOTION FOR EXTENSION OF TIME WITHIN
WHICH TO FILE APPELLANT’S PETITION FOR
DISCRETIONARY REVIEW
GARY S. MILLER
State Bar No: 24051050
1018 Preston St., Suite 500
Houston, TX 77002
December 29, 2014 tel: (713) 223-4200
fax: (713) 222-7022
gary@millerlindsey.com
TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
APPELLANT, pursuant to TEX. R. APP. P. 68.2(C) and 10.5(b)(3), moves for
an extension of time within which to file her petition for discretionary review. In
support of its motion, appellant submits the following:
1. Appellant was charged with driving while intoxicated.
2. A jury convicted Appellant of the charged offense and she was
sentenced to 3 days in the Harris County Jail along with a $1,500.00
fine on March 15, 2013.
3. On November 20, 2014, a panel of the First Court of Appeals issued a
corrected opinion upholding appellant’s conviction and also denied
appellant’s motion for en banc reconsideration (which was filed on
October 10, 2014).
4. Appellant’s petition for discretionary review is due on December 22,
2014.
5. Appellant seeks an extension to file her petition for discretionary
review until January 22, 2015.
6. This is Appellant’s first request for an extension of the deadline within
which to file her petition for discretionary review.
7. The factual basis for the requested extension is because Appellant’s
counsel needs additional time to prepare the Petition for Discretionary
Review and has been unable to complete it because of prior court
settings including a jury trial which was scheduled for December 15,
2014, State of Texas v. Edward Simpson, County Criminal Court at Law
No. 5, Harris County, Texas in Cause No. 1960266. Appellant’s
counsel was also scheduled for a motion to revoke probation hearing on
December 1, 2014, in 411th District Court, State of Texas v. Beau
Mullins, San Jacinto County, Texas in Cause No. 10,540.
8. Appellant’s motion is not for purposes of delay, but so that justice may
be done.
PRAYER
Appellant therefore respectfully requests that this Honorable Court grant the
requested extension until January 22, 2015.
Respectfully submitted:
/S/ GARY S. MILLER
GARY S. MILLER
Attorney for Alyssa Pullen
State Bar No: 24051050
1018 Preston St., Suite 500
Houston, TX 77002
phone: (713) 223-4200
fax: (713) 222-7022
gary@millerlindsey.com
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, this certifies that on December 22, 2014, a
copy of the foregoing Motion was delivered via facsimile to the following address:
Assistant District Attorney Carly Dessauer, Harris County District Attorney’s
Office, 1201 Franklin Street, Houston, Texas 77002 at (713) 755-5809.
/S/ GARY S. MILLER
GARY S. MILLER