Palmer, Rictarick Tamero

FOR THE SIXTH COURT OF APPEALS UfO^****^ AT TEXARKANA, TEXAS ^ ^ RICTARICK PALMER § vC- Appellant , .C V. § CASE NO. 06-13-00265-CR TRIAL COURT NO. 38,611-B THE STATE OF TEXAS Appellee § THIRD MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE COURT OF APPEALS: NOW COMES, RICTARICK PALMER, 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, Gregg County, Texas in cause number 38,611-B for the offense of Possession of Marijuana. On May 7, 2013, punishment was assessed at seven (07) years in the Texas Department of Criminal Justice - Institutional Division. II. The Court of Appeals' opinion on remand was delivered on October 29, 2014. Appellant's Petition for Discretionary Review is due on or about January 5, 2015. III. The Appellant hereby requests a first extension of time to file Appellant's Petition for WPRTlff Revi6W- RECEIVED IN ™ idt J7h». C0URT 0F CRIMINAL APPEALS COURT OF CRIMINAL APPEAL JAN 15 2015 JAN 14 2015 Abel Acosta, Clerk Abel Acosta, Clerk 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: The undersigned counsel is still experiencing medical problems that have been explained in his vacation letter dated December 17,2014 (see attachment) and has also been involved with a very busy trial and appellate schedule. Additionally, Legal Assistant for counsel is also currently ill. 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 one week, to January 12, 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: 1-5-15 /s/ Clement Dunn Attorney for Appellant FOR THE SIXTH COURT OF APPEALS AT TEXARKANA, TEXAS RICTARICK PALMER § Appellant V. § CASE NO. 06-13-00265-CR TRIAL COURT NO. 38,611-B THE STATE OF TEXAS Appellee § ORDER BE IT REMEMBERED, that on the day of , 20 , came on to be considered the above and foregoing Third Motion for Extension of time to file Appellant's Petition for Discretionary Review. After consideration of the same, it is the 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 Clement Dunn Attorney at Law 140 E. Tyler Street, Suite 240 Longview, Texas 75601 (903) 753-7071 FAX. (903) 753-8783 December 17,2014 Attn: Clerk/Court Coordinators From: Clement Dunn Re: Vacation Letter This letter deals with an unusual concept of a 'Vacation": I need to be in Boston, Massachusetts, approximately March 1-12, 2015, for the purpose of having ear surgery. These surgeries, involving the Eustachian tubes, both left and right, will be performed by Dr. Dennis S. Poe, M.D., a professor at Harvard Medical School. This involves a procedure that he has pioneered. He is one ofthe few doctors anywhere who can do this. My acceptance for this was based wi his review of my voluminous medical records detailing the history of these problems and their treatment. If this proves successful, additional reconstructive surgery will follow, although perhaps at a later dale. •• •• » The necessity ofthis arises from the "implosion" ofmy left middle ear. This has occurred gradually over the past few months, but has accelerated and become quite severe in just the past few weeks. Ihave been under the care of Dr. William Rotzler, M.D., an ear specialist herein umgview, who has treated me on a regular and ongoing basis for decades now. He has periormed numerous procedures, including two tympanoplasties, in 2003 and 2009 involvina recoMtruction ofthe ear drum on the right side. I have had asignificant hearing loss on the right side for anumber of years. At this point, the left ear has amuch greater hearing loss than me right, soaction is required. 6 Dr. Rotzler has scheduled a hearing test on December 30, 2014 (this was scheduled w!"1^ J. T* *? ?rtta* avaUabte to>; UwUl take approximately two weeks for that 5«kd for^^lS P°e * ~* inStrUCti°M fOT a***t0* *"*< ** «*is h-tJ!*** ** ^"e/oss, as well as other ramifications of this dysfmcuon-earaches, headaches, pressure ^unbalance, muffled and displaced perceptions of what is hemd-l anJ fi^^V"vP? *«*»*" hearin8s ot *** * ^ —-«• around the first week in IZ^L .f^ ia^*fJ°™> **•* temporary, reliefmay be available, based on the *&&££?* c^""^• whUe we - "***m**surBeries to*«-*«* Your understanding in this matter is greatly appreciated. Sincerely, Clement Dunn Attorney at Law