PD-1193-15
PD-1193-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/15/2015 4:29:59 PM
Accepted 9/16/2015 1:19:01 PM
ABEL ACOSTA
TO THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK
IN THE COURT OF APPEALS FOR THE
THIRTEENTH SUPREME JUDICIAL DISTRICT
IN CORPUS CHRISTI, TEXAS
RICHARD H. VOLLICK, *
APPELLANT
vs. * September 16, 2015
THE STATE OF TEXAS,
APPELLEE *
MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
Now comes RICHARD H. VOLLICK, Petitioner herein, by and through his attorney,
John Gilmore, and moves this Court grant an extension of time to file his Petition for
Discretionary Review pursuant to Rule 68.2(c) Tex. R. App. P., and for cause would show the
court as follows:
I.
Petitioner would seek review of Cause No. 13-14-00261-CR, from the Thirteenth Court
of Appeals District of Texas in Corpus Christi, whose Judgment was issued on July 23, 2015. A
Motion for Rehearing was timely filed and denied by the court on August 17, 2015. That appeal
arose out of Cause No. l 3-CR-4388-B in the l 171h Judicial District Court of Nueces County,
Texas, wherein Petitioner was convicted of the third degree felony offense of driving while
intoxicated (third). On April 30, 2014, Petitioner was sentenced to confinement in the
Institutional Division of the Texas Department of Criminal Justice for seventy years. Petitioner
is currently incarcerated.
II.
The Petition for Discretionary Review is due on September 16 2015, and Petitioner
requests this first extension of thirty days, or until October 16, 2015.
III.
For good cause, Petitioner's attorney was retained to represent defendant in a Petition for
Discretionary Review just this date, September 15, 2015, and is unable to complete the petition
for thirty days.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this
Honorable Court extend the time for filing a Petition for Discretionary Review for thirty days
until October 16, 2015.
Respectfully submitted,
s/ John Gilmore
John Gilmore - - - - - - - - -
SBN 07958500
622 S. Tancahua
Corpus Christi, TX 78401
(361) 882-4378 (phone)
(361) 882-3635 (fax)
gilmorelaw@msn.com (E-mail)
ATTORNEY FOR PETITIONER
STATE OF TEXAS *
COUNTY OF NUECES *
BEFORE ME, the undersigned authority, on this day personally appeared John Gilmore
and after being by me first duly sworn deposed on his oath and said:
"My name is John Gilmore and I am the attorney in the above styled appeal. I have read
the foregoing Motion for Extension of Time and all of the facts and allegations contained in said
motion are true and correct to the best of my know) e and elief."
SUBSCRIBED AND SWORN TO before me by the said John Gilmore on September 15,
2015.
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"..~·""''·\, LIBBY EVEN
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!!"i.J
Notary Public
}:__, STATE OF TEXAS
~ My Comm.'"'· 10-21-201!
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing instrument was served on
the Nueces County District Attorney's Office, Nueces County Courthouse, Corpus Christi, Texas
on the /.S-'M-.. day of September, 2015, via e-filing.
-sJ John Gilmore
JOHN GILMORE
~~~~~~~-