PD-0390-15
PD-0390-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
APRIL 13, 2015 Transmitted 4/6/2015 1:10:41 PM
Accepted 4/13/2015 3:15:44 PM
ABEL ACOSTA
NO. 01-13-00769-CR CLERK
IN THE COURT OF APPEALS
FIRST DISTRICT
HOUSTON, TEXAS
NO. 1394964
IN THE TRIAL COURT
182ND JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS
MONA YVETTE NELSON § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
MOTION FOR EXTENSION OF TIME
FOR FILING PETITION FOR DISCRETIONARY REVIEW
ALLEN C. ISBELL
202 Travis, Suite 208
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
COUNSEL ON APPEAL
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW MONA YVETTE NELSON, appellant, by and through her
counsel on appeal, ALLEN C. ISBELL, and respectfully requests this
Honorable Court grant an Extension of Time for Filing a Petition for
Discretionary Review.
I.
The First Court of Appeals in Houston, Texas, delivered an opinion in
this matter on March 10, 2015, in Cause No. 1394964, entitled MONA
YVETTE NELSON vs. The State of Texas.
II.
The present deadline for filing the Petition for Discretionary Review is
April 9, 2015.
III.
Appellant requests that the time be extended until May 9, 2014.
IV.
Counsel is unable to timely file the Petition for Discretionary Review
within the time prescribed by the TEXAS RULES OF APPELLATE
PROCEDURE for the following reasons:
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1. Counsel is preparing for the following Trials:
• State vs. Hobbs, Cause Nos. 1322693, 1322694, 1322764,
1322796, 1323767, 1324124 & 1324125 (Death Penalty
Capital)(jury selection set to begin April 27, 2015);
• State vs. Davis, Nos. 1438664 (Evading Arrest)(set for May
26, 2015).
2. Counsel is presently working on the following Brief for Appellant:
Rivera v. State, No. 01-14-00957-CR;
3. Counsel has recently represented the following in court: State vs.
Barfield, No. 14-DCR-065147; State vs. Blacknell, No. 1458444;
State vs. Caplan, No. 1449686; State vs. Contreras, No. 1328812;
State vs. Hornsby, Nos. 1455466, 1455467 & 1455768; Jones v.
Babb, No. 2014-65748; State vs. Lawrence, No. 1455567; State
vs. Lightfoot, Nos. 1415378, 1415379, 1420878, & 1436565;
State vs. Magee, Nos. 1392085, 1386835, 1387732, & 1386809;
State vs. McGlory, Nos. 1462825 &1462826; State vs. Merryman,
Nos. 1462519 & 1462520; State vs. Morris, No. 1458287; State
vs. Olajuwon, No. 1462553; State vs. Peters, No. 1447571; State
vs. Pinnock, Nos. 1435200 & 1393885; State vs. Quarrells, No.
1455220; State vs. Smith, No. 1436342; State vs. Stacy, No.
1444450; State vs. Thedford, Nos. 1408153 & 1408154; State vs.
Williams, No. 1933046;
V.
This is the first (1) extension requested.
VI.
This motion is urged at the first opportunity as appellant is indigent and
will suffer irremediable harm if it is not granted.
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WHEREFORE, PREMISES CONSIDERED, appellant prays that this
Honorable Court grant this extension of time in which to file the Petition for
Discretionary Review until May 9, 2015.
Respectfully submitted,
/s/ Allen C. Isbell
ALLEN C. ISBELL
202 Travis, Suite 208
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
COUNSEL ON APPEAL
Certificate of Service
I hereby certify that on this 6th day of April, 2015, a true and correct copy
of the foregoing Motion for Extension of Time for Filing Appellant's Petition for
Discretionary Review has been sent to the District Attorney's Office, Appellate
Division, and to Ms. Mona Yvette Nelson, appellant.
/s/ Allen C. Isbell
ALLEN C. ISBELL
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Certificate of Compliance
The undersigned attorney on appeal certifies this motion is computer
generated and consists of 567 words. Counsel is relying on the word count
provided by the Word Perfect computer software used to prepare the brief.
/s/ Allen C. Isbell
ALLEN C. ISBELL
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