PD-1230-15 PD-1230-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/17/2015 9:30:59 AM
Accepted 9/22/2015 11:23:36 AM
01-13-009319-CR ABEL ACOSTA
CLERK
MELISSA DROMGOOLE * IN THE CRIMINAL COURT
OF APPEALS
VS. *
STATE OF TEXAS * AUSTIN, TEXAS
MOTION TO EXTEND TIME
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes MELISSA DROMGOOLE Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file Respondent’s
Brief on Discretionary Review, pursuant to Rule 10.5 (b) of the Texas Rules of Appellate
Procedure, and for good cause shows the following:
I.
On June 4, 2015, the First Court of Appeals issued a published opinion in
case number 01-13-0093l—CR, styled Melissa Dromgoole v. The State of Texas,
affirming Appellant’s conviction. Appellant filed a Motion for Rehearing on July 1,
2015. Appellant filed an Amended Motion for Rehearing on July 13, 2015. On July 23,
2015, the Court of Appeals denied the motion for rehearing, vacated and withdrew its
opinion of June 4, 2015, and issued a new published opinion affirming Appellant’s
conviction. Appellant filed a Motion for Rehearing and Motion for En Banc
Reconsideration on August 4, 2015. On August 20, 2015 these motions were denied and
the Court issued a corrected opinion. Appellant’s petition for discretionary review is due
on September 21, 2015. Appellant requests that the Court extend the time for filing the
petition until October 21, 2015.
September 22, 2015
II.
This motion is not brought for purposes of delay but so that justice may be served.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this court grant this
Motion to Extend Time to File Appellant’s Brief on Discretionary Review and for such
other and further relief as the Court may deem appropriate.
Respectfully submitted,
Law Offices of Norman J. Silverman
917 Franklin, 4th Floor
Houston, Texas 77002
713-526-1515
713-526-1798 FAX
BY: /5/ ./V0‘/Wm/0 J/W/c’/wza/zx
Norman J. Silverman
00792207
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the attached and foregoing
document has been served on the Harris County District Attomey’s Carley Dessauer,
1201 Franklin, Suite 600, Houston, TX 77002 office by mail and/or fax to 713-755-5809
on this the 17"‘ day of September.
/S/ .1 /0‘/vim/ojJM)rvwm/0
Norman J. Silverrnan
STATE OF TEXAS
COUNTY OF HARRIS
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Norman J. Silverrnan, who after being duly sworn stated:
"1 a.m the attorney for the appellant in the above numbered and entitled
cause. I have read the foregoing Motion to Extend Time to File Reply
Brief on Discretionary Review and swear that all of the allegations of fact
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contained therein are true and correct."
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Norman J. Si
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this the Ellday of September
2015 to certify which witness my hand and seal of office.
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Notary Public, State of Texas
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April 15. 2019
01-13-009319-CR
MELISSA DROMGOOLE * IN THE CRIMINAL COURT
OF APPEALS
VS. *
STATE OF TEXAS * AUSTIN, TEXAS
ORDER FOR GRANTING MOTION FOR AN
EXTENSION OF TIME TO FILE BRIEF ON DISCRETIONARY REVIEW
Today the Court considered Respondent’s Motion for An Extension of Time to
Brief on Discretionary Review. After a review of the motion and finding a showing of a
reasonable explanation of the need for time, the Court grants the motion.
The Clerk of the Court of Appeals is directed to issue notice to counsel to both the
appellant and appellee of this Court's order granting the extension of time in which to file
Respondent’s Brief on Discretionary Review.
THUS SIGNED AND ENTERED OF RECORD, on this the day of
2015.
JUDGE FOR THE COURT OF CRIMINAL
APPEALS