PD-0834-15
PD-0834-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/3/2015 4:03:20 PM
Accepted 7/7/2015 2:36:03 PM
ABEL ACOSTA
No. ____________________ CLERK
(Court of Appeals No. 02-14-00313-CR
_________________
IN THE COURT
OF CRIMINAL APPEALS OF TEXAS
AT AUSTIN, TEXAS
__________________
ROBERT O’BRYAN,
Petitioner,
July 7, 2015 v.
THE STATE OF TEXAS,
Respondent,
___________________
ON PETITION FOR DISCRETIONARY REVIEW
___________________
FROM THE SECOND DISTRICT
COURT OF APPEALS
____________________
ARISING IN COUNTY CRIMINAL COURT NUMBER ONE
DENTON COUNTY, TEXAS
(Trial Court No. CR-2013-08057-A)
___________________
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
____________________
TO THE HONORABLE PRESIDING JUDGE AND ASSOCIATE
JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS:
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COMES NOW Robert O’Bryan, Appellant and Petitioner in the above
captioned and numbered appeal, and, pursuant to Rules 9, 10 and 68.2(c) of
the Texas Rules of Appellate Procedure, files this First Motion for Extension
of Time to File Petition for Discretionary Review, and in this connection
would respectfully show unto the Court as follows:
I.
The judgment of the Second Court of Appeals from which review will
be sought in the Court of Criminal Appeals was rendered on May 28, 2015.
The Appellant’s petition for discretionary review was therefore due to be
filed in the Court of Criminal Appeals on Monday, June 29, 2015.
Tex.R.App.P. 68.2(a). The present motion for an extension of time to file
Appellant’s petition for discretionary review, as tendered and
contemporaneously submitted to the Court, is therefore timely. Tex.R.App.P.
68.2(c).
II.
Due to the unexpected and sudden necessity of undersigned Counsel
being required to relocate his law office, which occurred during the time
otherwise available for the filing of Appellant’s petition in this case; along
with counsel’s other intervening obligations in pending criminal cases;
Appellant’s Counsel was not able to complete and timely file Appellant’s
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petition for discretionary review in this case within thirty (30) days, on or
before June 29, 2015.
III.
The Appellant therefore moves the Court of Criminal Appeals to
extend the time for filing Appellant’s petition for discretionary review in this
case, and to permit the filing of same as tendered herewith, and attached as
an Exhibit to this motion. The Appellant, who was placed on community
supervision as the result of his negotiated plea in this case, is not confined,
and remains at liberty on bond.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the Appellant prays this
First Motion for an Extension of Time to File Appellant’s Petition for
Discretionary Review will be granted.
Respectfully submitted,
/s/Richard Gladden
Richard Gladden
Texas Bar No. 07991330
1200 West University, Suite 100
Denton, Texas 76201
940/ 323-9307 (voice)
940/539-0093 (fax)
richscot1@hotmail.com (email)
Attorney for Petitioner
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing motion
was served by hand delivery on the Attorneys of Record for the State of
Texas, Denton County Criminal District Attorney Paul Johnson, at his
office located at 1450 East McKinney, Denton, Texas 76201, on this 6th day
of July, 2015; by U.S. mail on the State Prosecuting Attorney, Lisa C.
McMinn, directed to her office mailing address, to wit: P.O. Box 13046,
Capitol Station, Austin, Texas 78711, on this 6th day of July, 2015; and on
both of the foregoing counsel, on the same date, using the electronic filing
system operated by TexFile; all in accordance with Rules 9.5 and 68.11 of
the Texas Rules of Appellate Procedure.
/s/Richard Gladden
Richard Gladden
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