Roy, Kelvin Lee ( 2015 )

FILED IN PD - 1 AR C" - 1 R PD-1455-15
COURT OF CRIMtNALAPPEALS ^U i^D: -1 ° COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/6/2015 2:05:37 PM
November y, ^!U1b Accepted 11/9/2015 4:29:18 PM
N ABEL ACOSTA
ABEL ACOSTA, CLERK ' CLERK
No. 09-14-00367-CR
In The Ninth Court of Appeals 'U/s /
KELVIN LEE ROY § IN THE COURT OF % ^.V3
v. § CRIMINAL APPEALS k Q'V
§ i jl
THE STATE OF TEXAS § AUSTIN, TEXAS V
MOTION FOR EXTENSION OF TIME TO FILE PDR
COMES NOW, movant, by and through counsel, Dustin Galmor, and in
accordance with Rule 2 of The Texas Rules ofAppellate Procedure, hereby requests
an extension of time in which to file his petition for discretionary review and would
respectfully show:
1. Name of Trial Court: 163rd District Court
2. Trial Court Style: No. B-140,221-R, The State of Texas v.
KELVIN LEE ROY; No. 09-14-00367-CR in the Ninth Court of
Appeals
3. Offense: Murder
4. Punishment assessed: 75 years in IDTDCJ
5. Present Filing Deadline: September 25, 2015
6. Length of Extension Requested: 15 days
7. Number of Previous Extensions: None
8. Good Cause for this Extension is as follows: Appellant intended to file
a petition for discretionary review and believed he would be able to
retain counsel under certain time constraints. Appellant filed a pro se
motion for extension of time to file a motion for rehearing, in part to
obtain additional time to retain counsel. The time period was extended
until October 12, 2015, for appellant to file his pro se motion for
rehearing. Appellant did not follow up and file his pro se motion for
rehearing which would have extended the time period for the filing of
a petition for discretionary review. Counsel was under the impression
that appellant would do so, and recently learned that appellant through
inadvertence did not do so. Appellant's oversight in failing to file the
motion had the effect of eliminating the extension of time. Since the
mandate has not issued, and appellant wishes to file a petition for
discretionary review in this significant case, counsel requests that this
court enter an order extending the time for 15 days from the date of the
ruling on this motion in order to file a timely petition for discretionary
review. If this Court extends the time period as requested, counsel
herein willrepresent appellant andfile thepetition onappellant'sbehalf.
Counsel submits that the failure to file the motion for rehearing was
excusable neglect under the circumstances. Counsel represents that
there are one or more meritorious issues that merit review by this court
andthatgood cause exists to warrant an extension of time for the filing
of a petition for discretionary review.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully files this
motion, and prays for the requested extension.
Respectfully submitted,
/s/DUSTIN GALMOR
Attorney for Appellant
Texas State Bar #24057525
485 Milam
Beaumont, TX 77701
Tel: (409) 832-7757; Fax: (888) 248-9161
CERTIFICATE OF SERVICE
This is to certify that the above and foregoing Motion for Extension of Time
has been served upon counsel for the State by electronic delivery, on the date offiling
hereof.
/s/DUSTIN GALMOR