ACCEPTED
01-14-00054-CR
FIRST COURT OF APPEALS
PD-1262-15 HOUSTON, TEXAS
9/24/2015 3:09:00 PM
CHRISTOPHER PRINE
CLERK
APPEAL NO. 01-14-00054-CR
IN THE COURT OF APPEALS FOR THE
FIRST JUDICIAL DISTRICT OF TEXAS received in
wrYTTQTrrw tpyaq 1st court of appeals
HOUSION, 1EXAS HOUSTON, TEXAS
9/24/2015 3:09:00 PM—
CHRISTOPHER A. PRINE
ALPHONSON MALONE § APPELLANT Clerk
§
VS. §
§
THE STATE OF TEXAS § APPELLEE
APPEAL FROM COUNTY CRIMINAL COURT AT LAW # 8
OF HARRIS COUNTY, TEXAS
TRIAL COURT NO. 1899612
MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
NOW COMES, ALPHONSON MALONE, Appellant, and files this Motion
for Extension of Time to File Appellant's PetitionFor Discretionary Review, pursuant
to Rules 10.5(b) and 68.2(c), Texas Rules of Appellate Procedure. In support of this
Motion, Appellant would show the following:
I.
The First Court of Appeals issued its Published Opinion in this case on April
23, 2015. Appellant's timely filed motion for rehearing was denied on August 18,
2015. Appellant's Petition for Discretionary Review was due to be filed by September
18,2015. This is Appellant's first request for an extension of time. Appellant requests
an extension of forty-five (45) days to file the petition.
n.
Pursuant to rule 68.2(c) ofthe Texas Rules ofAppellate Procedure, the Court of
Appeals may extend the time to file a petition for discretionary review if a party files
a motion complying with Rule 10.5(b) no laterthan 15 days afterthe last day for filing
the petition.
III.
In the pastthirty(30) days, counsel has been engaged in the following matters,
which preclude completion of Appellant's Petition for Discretionary Review:
1. On August 19, 2015, Counsel for Appellant appeared for a Pre-Trial
Conference/Pre-Trial Diversion Submission in the case styled State ofTexasv. Jason
Schilling; Cause No's. 1459666 and 1459667, pending in the 351st District Court
Harris County, Texas.
2. Counsel for Appellant was on family leave from August 24 through August
31,2015.
3. On September 4, 2015, Counsel for Appellant prepared and filed Objections
to Pre-Sentencing Report in case styled United States ofAmerica vs. David Garcia;
Cause No. 4:13-cr-00628, pending in the United States District Court for the
Southern District of Texas.
4. On September 8, 2015, Counsel for Appellant travelled to Williamson
County, Texas for a Probation Revocation Hearing in the case styled State of Texas
vs. Kristine Noffsinger; Cause No. 13-0783-K277, pending inthe 368th District Court
Williamson County, Texas.
5. On September 10,2015, Counsel for Appellant travelled to Freestone County,
Texas for a Pre-Trial Conference in the case styled State of Texas vs. Kristine
Noffsinger; Cause No. 14-112-CR, pending in the 87th District Court Freestone
County, Texas.
6. On September 18, 2015, Counsel for Appellant prepared for and was set for a
Motion to Suppress in the case styledState of Texas v. Manuel Ochoa; Cause No's.
1396477 and 1396478, pending in the 178th Criminal District Court Harris County,
Texas.
IV.
This request is not made for the purpose of delay, but rather this request is
made to allow counsel adequate time to prepare Appellant's Petition for
Discretionary Review. Appellant moves this Court for an order granting anextension
of forty-five (45) days, or until November 6, 2015 for Appellant to submit the
Petition for Discretionary Review in this case.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court for
an order granting an extension of forty-five (45) days, for Appellant to submit the
Petition for Discretionary Review in this case.
Respectfully submitted,
Digitally signed by Gary
c^^L2^-k-i^p Tabakman
Date: 2015.09.24 15:05:07
•05'00'
BY: GARY TABAKMAN
Attorney for Appellant
712 Main St. Ste 2400
Houston, TX 77002
(713)228-8500
(713) 228-0034 (Fax)
State Bar No. 24076065
Garv@BSDLawfirm.com
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned
counsel of record certifies that the motion contains 387 words.
Digitally signed by Gary
-5^Tj ^.yz—"* Jabakman
"" ""^ .Date: 2015.09.24 15:05:19
-05'0'0'
GARY TABAKMAN
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion
for Extension of Time to File Appellant's Briefwas served via e-mail delivery through
eFile.TXCourts.gov to the Assistant District Attorney, Harris County District Attorney's
Office, on September 24, 2015.
/S/ Gary Tabakman
GARY TABAKMAN
NO. 01-14-00054-CR
ALPHONSON MALONE, IN THE COURT OF APPEALS
Appellant
VS. IN HOUSTON, TEXAS
THE STATE OF TEXAS, 1st JUDICIAL DISTRICT
Appellee
ORDER
It is the order of this Court that the foregoing Motion for Extension of Time to
File Appellant'sPetition for Discretionary Review is GRANTED, andthe deadline for'
filing Appellant's Petition for Discretionary Review is extended to ,
2015.
SIGNED this the day of ,2015.
JUDGE PRESIDING
Malone, Alphonson Damon
Combined Opinion