Bessard, Wade Timothy

• Court: Court of Appeals of Texas
• Decided: April 22, 2015
• Docket: PD-0449-15
• Status: Published

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

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