PD-1641-15
PD-1641-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/18/2015 9:21:22 AM
December 18, 2015 Accepted 12/19/2015 9:47:33 AM
No. ___________
ABEL ACOSTA
CLERK
In the
Texas Court of Criminal Appeals
at Austin
♦
No. 01-11-00572-CR
In the Court of Appeals for the
First District of Texas
at Houston
♦
BRADLEY RAY MCCLINTOCK
Appellant
V.
THE STATE OF TEXAS
Appellee
♦
STATE’S MOTION FOR EXTENSION OF TIME
TO FILE STATE’S BRIEF ON DISCRETIONARY REVIEW
♦
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 68.2(c) moves
for an extension of time within which to file its petition for discretionary
review. In support of its motion, the State submits the following:
1. The State indicted appellant for felony possession of marijuana.
2. The trial court denied appellant’s motion to suppress before he
entered a plea of guilty to the lesser state jail felony offense of
possession of marijuana in exchange for three years deferred
adjudication and assessed a $300 fine.
3. Appellant timely filed a notice of appeal.
4. After a reversal in the court of appeals and a remand back to
the court of appeals from this Court, the First Court of Appeals
issued a published opinion reversing the trial court’s judgment
yet again on November 5, 2015.
5. The State’s brief on discretionary review was due December 7,
2015.
6. The State seeks an extension until today, December 18, 2015, to
file its petition for discretionary view.
7. The following facts are relied upon to show good cause for the
requested extension:
a. The undersigned attorney has filed three briefs in the last
30 days and has five more briefs due in the next 30 days.
b. Yesterday, the undersigned attorney inadvertently e-filed
this extension and PDR in folder for the First Court of
Appeals. The rejection is attached to this motion.
c. The State’s motion is not for purposes of delay, but so that
justice may be done.
WHEREFORE, the State prays that this Court will grant the
requested extension until December 18, 2015.
Respectfully submitted,
/s/ Bridget Holloway
BRIDGET HOLLOWAY
Assistant District Attorney
Harris County, Texas
Harris County Criminal Justice Center
1201 Franklin, Suite 600
Houston, Texas 77002
713.274.5826
State Bar No.: 24025227
holloway_bridget@dao.hctx.net
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, this certifies that on December 18,
2015, a copy of the foregoing was emailed through TexFile to the following
emails:
Norman J. Silverman
Attorney at Law
Email: lawyernorm@msn.com
Lisa C. McMinn
State Prosecuting Attorney
Email: Lisa.McMinn@SPA.texas.gov
/s/ Bridget Holloway
BRIDGET HOLLOWAY
Assistant District Attorney
Harris County, Texas
Harris County Criminal Justice Center
1201 Franklin, Suite 600
Houston, Texas 77002
713.274.5826
State Bar No.: 24025227
holloway_bridget@dao.hctx.net
From: No-Reply@eFileTexas.gov
To: Holloway, Bridget
Subject: eFileTexas.gov – Filing Returned - 8294106
Date: Friday, December 18, 2015 7:46:16 AM
Filing Returned
Envelope Number: 8294106
The filing below has been reviewed and has been returned for further action. Please
refile with the corrections outlined below. The clerk’s office has the right to
preserve the original submission date for the file stamp when the corrections are
made in a timely manner.
Return Reason(s) from Clerk's Office
Reject Reason Other
Rejected - This motion for extension to file petition for
discretinary review must be e-filed with the Court of
Return Comment Criminal Appeals as well as your PDR. If you have any
questions or concerns please feel free to contact our
office 713.274.2700. Thank you for e-filing.
Document Details
Court Courts of Appeals
Case Style Bradley Ray McClintock vs. The State of Texas
Date/Time Submitted 12/17/2015 6:42:52 PM
Filing Type: Motion
Activity Requested: EFileAndServe
Filed By: Bridget Holloway
For Questions or Technical Assistance, contact:
Need Help? Help
Visit: https://efiletexas.gov/contacts.htm
Email: support@eFileTexas.gov
Please do not reply to this email. It was generated automatically by eFileTexas.gov>