Schelling, Rochelle ( 2015 )

* FILED IN " ^ „ -^ ^ - r- PD-0438-15
COURT OF CRIMINAL APPEALS PD -0438-15 C0URT 0F CRIMINAL APPEALS
AUSTIN, TEXAS
May 19 2015 Transmitted 5/18/2015 4:22:31 PM
Accepted 5/19/2015 4:53:01 PM
ABEL ACOSTA, CLERK IN THE COURT OF CRIMINAL APPEALS- ABELACOSTA
ROCHELLE sCHELLING § APPEALED FROM THE
Appellant COURT OF APPEALS, 6th DISTRICT
V. § CASE NO. 06-14-00173-CR
TRIAL COURT NO. 43049-B
THE STATE OF TEXAS I
Appellee § STATE OF TEXAS A(^4^J& ^°
SECOND MOTION FOR EXTENSION OF TIME "\ &*/^
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF APPEALS: ^ ^1 ^1J"~
NOW COMES, ROCHELLE SCHELLING, 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 124th District Court of Gregg County,
Texas in cause number 43049-B for the offense of Theft of Property.
n.
The Court of Appeals' opinion on remand was delivered on March 17, 2015. Appellant's
Petition for Discretionary Review is due on or about May 18, 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 of the
record, research and preparation of Appellant's Petition for Discretionary Review for the
following good and sufficient reasons:
This counsel has been diagnosed with complications related to his prior surgery in March
at the Harvard Medical School in Boston, Massachusetts. Counsel is scheduled for a follow up
doctor's appointment on June 4, 2015.
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 June 18, 2015.
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: 05-18-15
/s/ Clement Dunn
Attorney for Appellant
IN THE COURT OF CRIMINAL APPEALS
ROCHELLE SCHELLING § APPEALED FROM THE
Appellant COURT OF APPEALS, 6th DISTRICT
V. § CASE NO. 06-14-00173-CR
TRIAL COURT NO. 43049-B
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 Second Motion for Extension of Time to File
Appellant's Petition for Discretionary Review. After consideration of the same, it isthe 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