PD-0438-15
PD-0438-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
April 21, 2015 Transmitted 4/16/2015 4:35:28 PM
Accepted 4/21/2015 11:34:40 AM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
ROCHELLE sCHELLING ' APPEALED FROM THE
Appellant COURT OF APPEALS, 6th DISTRICT
V. ' CASE NO. 06-14-00173-CR
TRIAL COURT NO. 43049-B
THE STATE OF TEXAS
Appellee ' STATE OF TEXAS
MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF APPEALS:
NOW COMES, ROCHELLE SCHELLING, 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 of Gregg County,
Texas in cause number 43049-B for the offense of Theft of Property.
II.
The Court of Appeals= opinion on remand was delivered on March 17, 2015. Appellant=s
Petition for Discretionary Review is due on or about April 16, 2015.
III.
The Appellant hereby requests a first extension of time to file Appellant=s Petition for
Discretionary Review.
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:
This counsel underwent surgery on March 5, 2015, at the Massachusetts Eye and Ear
Infirmary, a division of Massachusetts General Hospital and the Harvard Medical School. The
surgery consisted of a bilateral Eustachiantuboplasty, a procedure recently pioneered by Dr.
Dennis Poe, M.D., of the Harvard Medical School faculty, who performed the operation.
Counsel remains under the care of two doctors—both Dr. Poe and Dr. Rotzler.
In addition to the above-listed matter, the undersigned counsel has been involved with a
very busy trial and appellate schedule and is involved in numerous other felony
and misdemeanor cases at various stages of litigation.
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 thirty days, to May 18, 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: 04-16-15
__/s/ Clement Dunn_______________
Attorney for Appellant
IN THE COURT OF CRIMINAL APPEALS
ROCHELLE SCHELLING ' APPEALED FROM THE
Appellant COURT OF APPEALS, 6th DISTRICT
V. ' CASE NO. 06-14-00173-CR
TRIAL COURT NO. 43049-B
THE STATE OF TEXAS
Appellee ' STATE OF TEXAS
ORDER
BE IT REMEMBERED, that on the _____ day of __________________, 20___, came
on to be considered the above and foregoing 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