Fletcher, Melvin Eugene

PD-1101-15 PD-1101-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS August 26, 2015 Transmitted 8/25/2015 1:16:25 PM Accepted 8/26/2015 3:40:21 PM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS CLERK OF THE STATE OF TEXAS NO. _________ MELVIN EUGENE FLETCHER Appellant, On Appeal from the V. 185TH District Court of Harris County, Texas; Trial Cause Number 1376099 THE STATE OF TEXAS PETITIONER'S MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUSTICES OF SAID COURT: MELVIN EUGENE FLETCHER, Petitioner in the above cause number, would respectfully request this Court to grant his motion to extend the time to file his petition for discretionary review. In support of said motion, Mr. Fletcher would show unto the Court the following: I. This appeal lies from Mr. Fletcher’s conviction in The State of Texas v. Melvin Eugene Fletcher, Cause Number 1376099 in the 185th District Court of Harris County, Texas. Mr. Fletcher was charged by indictment with felony theftof metal enhanced with two prior convictions for the same offense. Mr. Fletcher was convicted by a jury and sentenced by the judge to seven (7) years in the Institutional Division of the Department of Criminal Justice. Mr. Fletcher’s conviction was affirmed on August 20, 2015, by the Fourteenth Court of Appeals in Cause No. 14-14-00177-CR. Mr. Fletcher’s Petition for Discretionary Review is due September 21, 2015. This is Mr. Fletcher’s first request for an extension to file the petition for discretionary review. II. Mr. Fletcher’s attorney of record, Daucie Schindler, is requesting an extension of time in order to further evaluate the complex issues involved in the case. Additionally, because Mr. Fletcher is already in the custody of the Texas Department of Criminal Justice, it is difficult to communicate and more time is required in order to properly discuss with him the issues to be raised. An extension of time is necessary so that the petition for discretionary review can be timely filed and undersigned counsel can properly consult with Mr. Fletcher. This motion is not made for the purpose of delay. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Honorable Court will grant this requested extension of time to file the Appellant's Petition for Discretionary Review in the above cause for thirty days and extend the time for filing the petition until October 21, 2015. Respectfully submitted, Alexander Bunin Chief Public Defender /s/ Daucie Schindler Daucie Schindler State Bar No. 24013495 Harris County Public Defender’s Office Assistant Public Defender 1201 Franklin 13th Floor Houston, Texas 77002 Daucie.Schindler@pdo.hctx.net Tel: 713-368-0016 Fax: 713-368-9278 CERTIFICATE OF SERVICE I do hereby certify that a copy of the foregoing instrument was this day electronically served on counsel for the State and by mailing same to the following parties on this the 25th day of August, 2015: Mr. Allen Curry Harris County District Attorney's Office Appellate Division 1201 Franklin, Suite 600 Houston, Texas 77002 State Prosecuting Attorney P.O. Box 12405 Austin, Texas 78711 /s/ Daucie Schindler Daucie Schindler