PD-0312-15
PD-0312-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/20/2015 5:48:54 PM
Accepted 3/25/2015 10:04:48 AM
TO THE COURT OF CRIMINAL APPEALS OF TEXAS ABEL ACOSTA
CLERK
No.____________
_________________________________
ROBERT S. SHEARER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
MOTION TO EXTEND TIME TO FILE PETITION
FOR DISCRETIONARY REVIEW
_________________________________________________________
On Petition for Discretionary Review from the Court of Appeals for
the Tenth District, Waco, Texas in Cause No. 10-14-0031-CR;
DISMISSING an appeal from a judgment issued in Cause No. 5054-A
from the County Court at Law #2 of Brazos County, Texas.
_________________________________________________________
R. Scott Shearer
TBA No. 00786464
917 Franklin, Suite 320
Houston, TX 77002
(713) 254-5629
(713) 224-2889 FAX
ShearerLegal@Yahoo.com
March 25, 2015
Attorney for Appellant
March 20, 2015
TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
NOW COMES, ROBERT SCOTT SHEARER and files this Motion To Extend
Time To File Petition For Discretionary Review. In support of this motion, he would
respectfully show the Court the following:
I.
In a UNPUBLISHED opinion delivered January 15, 2015, a panel of the Tenth
Court of Appeals DISMISSED Appellant’s appeal from a judgment of conviction for
speeding by the County Court at Law #2 Court of Brazos County. Appellant filed a motion
for rehearing, which was overruled on February 19, 2015. Appellant’s Petition for
Discretionary Review is due on March 23, 2015. This motion to extend time to file petition
for discretionary review is timely filed within thirty days after the court of appeals issued its
opinion or overruled Appellant’s Motion for Rehearing or within fifteen days of said
deadline. See TEX. R. APP. PROC. 68.2.
II.
Appellant is requesting additional time to file the petition for discretionary review.
More time is necessary to research the issues involved.
III.
Appellant asserts that this motion is not made solely for purposes of delay and that
the granting of this motion will not prejudice the rights of the State.
IV.
Appellant is therefore requesting a thirty [30] day extension so that his Petition may
be timely filed.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that the
Honorable Court of Criminal Appeals will grant his Motion To Extend Time To File
Petition For Discretionary Review.
Respectfully submitted,
/s/R. SCOTT SHEARER
R. Scott Shearer
TBA No. 00786464
917 Franklin, Suite 320
Houston, TX 77002
(713) 254-5629
(713) 224-2889 FAX
ShearerLegal@Yahoo.com
Attorney for Appellant
March 20, 2015
CERTIFICATE OF SERVICE
I certify that a copy of this Motion has been served upon the State of Texas by e-
mailing a copy of same to the following parties at the following addresses on this the 15th
day of March, 2015:
BRAZOS CO. DISTRICT ATTORNEY’S OFFICE
APPELLATE SECTION
300 E. 26TH STREET, SUITE 1300
BRYAN, TX 77803
/s/R. SCOTT SHEARER
R. Scott Shearer