Bessard, Wade Timothy ( 2015 )

PD-0449-15
PD-0449-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/21/2015 11:55:12 PM
Accepted 4/22/2015 11:17:01 AM
IN THE TEXAS COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
14-14-00348-CR
IN THE COURT OF APPEALS
FOR THE
FOURTEENTH DISTRICT OF TEXAS
HOUSTON, TEXAS
TIMOTHY WADE BESSARD
VS.
THE STATE OF TEXAS
APPEAL FROM THE 184TH DISTRICT COURT
OF HARRIS COUNTY, TEXAS
THE HONORABLE JUDGE JAN KROCKER, PRESIDING
TRIAL DOCKET NO. 1221855
MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES TIMOTHY WADE BESSARD, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file appellant's Petition for
Discretionary Review, pursuant to Rule 68.2 of the Texas Rules of Appellate Procedure, and for
good cause shows the following:
1. This case is on appeal from the 184TH Judicial District Court of Harris County,
Texas.
2. The case below was styled the STATE OF TEXAS vs. TIMOTHY WADE BESSARD,
Cause No. 1221855.
April 22, 2015
3. Appellant was convicted of Possession of a Controlled Substance on March 28,
2014.
4. Appellant was sentenced to seven (7) years confinement in the Texas Department
of Criminal Justice, Institutional Division, on March 28, 2014.
5. Notice of appeal was timely filed on March 28, 2014.
6. The Fourteenth Court of Appeals issued an opinion affirming the trial court’s
decision on March 17, 2015.
7. There has been no motion for rehearing filed in the court of appeals.
8. A petition for discretionary review was due on April 17, 2015.
9. There has been no previous request for extension of time to file a petition for
discretionary review.
10. Appellant requests an extension of time of 30 days from the present date, i.e. May
21, 2015.
11. Appellant relies on the following facts as good cause for the requested extension:
Attorney has been involved in the following matters set for trial and/or hearings in the last
thirty days:
i. State of Texas v. Roberts, Cause No. 883239 - a writ hearing
involving a very old case with multiple issues.
ii. State of Texas v. Jackson, Cause No. 201403688J – Theft trial
iii. State of Texas v. Suarez-Sanchez, Cause No. 1402229 - MTS
iv. State of Texas v. Rodriguez, Cause No. 201400624J – Indecency
w/Child
All facts recited in this motion are within the personal knowledge of the counsel
signing this motion, therefore no verification is necessary under Rule of Appellate
Procedure 10.2.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this
Motion To Extend Time to File a Petition for Discretionary Review, and for such other and further
relief as the Court may deem appropriate.
Respectfully submitted,
_______________________
Dena Fisher
State Bar Number: 24034440
440 Louisiana, Suite 200
Houston, Texas 77002
d2f@sbcglobal.net
Tel (713) 222-2201
Fax (713) 583-5106
Attorney for Timothy Wade Bessard
CERTIFICATE OF SERVICE
This is to certify that on April 21, 2015, a true and correct copy of the above and foregoing
document was served on the District Attorney's Office, Harris County by efile.
________________________
DENA FISHER
TEXAS COURT OF CRIMINAL APPEALS
_______________________________________________
IN THE COURT OF APPEALS
FOR THE FOURTEENTH
DISTRICT OF TEXAS
HOUSTON, TEXAS
NO. 14-14-00348-CR
_______________________________________________
TIMOTHY WADE BESSARD, Appellant
VS.
THE STATE OF TEXAS, Appellee
_______________________________________________
On Appeal from the 184TH
Judicial District Court
Harris County, Texas
Trial Court Cause No. 1221855
________________________________________________
ORDER
On this day came on to be heard Appellant's Motion for Extension of Time
within which to File Appellant’s Petition for Discretionary Review.
It is the opinion of this Court that the Motion to Extend Time to File Appellant’s
Petition for Discretionary Review should be and is hereby GRANTED, and it is therefore
ORDERED, ADJUDGED and DECREED that the Appellant’s Brief is due to be filed in
this Court on __________ day of _______________, 2015.
SIGNED on this the __________ day of _______________, 2015.
_________________________
JUDGE PRESIDING