Bessard, Wade Timothy

Opinion

PD-0449-15

PD-0449-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 4/21/2015 11:55:12 PM Accepted 4/22/2015 11:17:01 AM IN THE TEXAS COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK

14-14-00348-CR

IN THE COURT OF APPEALS

FOR THE

FOURTEENTH DISTRICT OF TEXAS HOUSTON, TEXAS

TIMOTHY WADE BESSARD

VS.

THE STATE OF TEXAS

APPEAL FROM THE 184TH DISTRICT COURT OF HARRIS COUNTY, TEXAS

THE HONORABLE JUDGE JAN KROCKER, PRESIDING

TRIAL DOCKET NO. 1221855

MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES TIMOTHY WADE BESSARD, Appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file appellant's Petition for Discretionary Review, pursuant to Rule 68.2 of the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 184TH Judicial District Court of Harris County, Texas.

2. The case below was styled the STATE OF TEXAS vs. TIMOTHY WADE BESSARD, Cause No. 1221855.

April 22, 2015

3. Appellant was convicted of Possession of a Controlled Substance on March 28, 2014.

4. Appellant was sentenced to seven (7) years confinement in the Texas Department of Criminal Justice, Institutional Division, on March 28, 2014.

5. Notice of appeal was timely filed on March 28, 2014.

6. The Fourteenth Court of Appeals issued an opinion affirming the trial court’s decision on March 17, 2015.

7. There has been no motion for rehearing filed in the court of appeals.

8. A petition for discretionary review was due on April 17, 2015.

9. There has been no previous request for extension of time to file a petition for discretionary review.

10. Appellant requests an extension of time of 30 days from the present date, i.e. May 21, 2015.

11. Appellant relies on the following facts as good cause for the requested extension:

Attorney has been involved in the following matters set for trial and/or hearings in the last thirty days:

i. State of Texas v. Roberts, Cause No. 883239 - a writ hearing involving a very old case with multiple issues.

ii. State of Texas v. Jackson, Cause No. 201403688J – Theft trial iii. State of Texas v. Suarez-Sanchez, Cause No. 1402229 - MTS iv. State of Texas v. Rodriguez, Cause No. 201400624J – Indecency w/Child

All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Rule of Appellate Procedure 10.2.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion To Extend Time to File a Petition for Discretionary Review, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

_______________________

Dena Fisher

State Bar Number: 24034440 440 Louisiana, Suite 200

Houston, Texas 77002

d2f@sbcglobal.net

Tel (713) 222-2201

Fax (713) 583-5106

Attorney for Timothy Wade Bessard

CERTIFICATE OF SERVICE

This is to certify that on April 21, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Harris County by efile.

________________________

DENA FISHER

TEXAS COURT OF CRIMINAL APPEALS

_______________________________________________

IN THE COURT OF APPEALS

FOR THE FOURTEENTH

DISTRICT OF TEXAS

HOUSTON, TEXAS

NO. 14-14-00348-CR

_______________________________________________

TIMOTHY WADE BESSARD, Appellant VS.

THE STATE OF TEXAS, Appellee

_______________________________________________

On Appeal from the 184TH

Judicial District Court

Harris County, Texas

Trial Court Cause No. 1221855

________________________________________________

ORDER

On this day came on to be heard Appellant's Motion for Extension of Time within which to File Appellant’s Petition for Discretionary Review.

It is the opinion of this Court that the Motion to Extend Time to File Appellant’s Petition for Discretionary Review should be and is hereby GRANTED, and it is therefore ORDERED, ADJUDGED and DECREED that the Appellant’s Brief is due to be filed in this Court on __________ day of _______________, 2015.

SIGNED on this the __________ day of _______________, 2015.

_________________________

JUDGE PRESIDING