Casselman, Scotty Murl v. State

• Court: Court of Appeals of Texas
• Decided: April 13, 2015
• Docket: PD-0391-15
• Status: Published

Opinion

NO.

SCOTTY MURL CASSELMAN IN THE COURT OF

V* CRIMINAL APPEALS

mETOj OF TEXAS OF TEXAS ^ ^ ^ COURT OF CRIMINAL APPEALS C0URT 0F CRIMINAL APPEALS APR 13 2015 PRO SE MOTION FOR EXTENTION OF TIME TO FILE Mjp qq jMti PETITION FOR DISCRETIONARY REVIEW Abel Acosta, Clerk Abe| Acosta C|erk TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW the appellant / Petitioner in the above styled and numbered

cause and respectfully moves this Honorable Court to extend the time for :' ; :

filing the Appellants Petition for Discretionary Review in this cause and in -•

support thereof would show the Court the following:

1) The style and number of this case in the Eleventh Court of Appeals,

Eastland, Texas is: Scotty Murl Casselman v. The State of Texas, Case No.

11-12-oo268-CR.

2) The style and number of this case in the trial court is: The State

of Texas v. Scotty Murl Casselman, Cause No. 8983 from the 132nd Judicial .:

District Court of Scurry County, Texas.

3) The Petitioner was convicted of the felony offense of Possession

of Controlled Substance, less than a gram in a drug free zone.

4) Judgment was entered on February 7, 2006, and punishment was

assessed at 40 years confinement with no fine.

5) The Court of Appeals affirmed the conviction on February 5, 2015,

and Motion For Rehearing was denied on March 25, 2015.

6) The deadline for filing the Petition For Discretionart Review in •-.

this Cause is April 24, 2015.

1 of 2 7) An extention of time for a period of 60 days is requested, that

would make the due date June 23, 2015.

8) No prior request for an extention of time has been made.

9) The facts relied upon to show good cause for the requested

extention are, as follows: The Petitioner was represented by court appointed

counsel during the appeal of this case to the Court of Appeals. After the

conviction was affirmed, the trial courts.; appointed counsel refused to file

a Petition for Discretionary Review. Therefore additional time is needed for

the Petitioner to either prepare and file the Petition pro se or to seek legal

assistance in filing the Petition.

WHEREFORE, PREMISES CONSIDERED, the Petitioner respectfully request ':"''•-

that this Honorable Court extend time for filing the PetitionoFor Discretionary

Review in this Cause to June 23, 2015.

Respectfully submitted,

(La&sjzXKs-o-^ Petitioner

Scotty Murl Casselman 1211 West County Road 138, Lot #6 Midland, TX 79706

CERTIFICATE OF SERVICE

The Petitioner hereby certifies that a true and correct copy of the foregoing Motion has been mailed to the Office of the Criminal District Attorney for Scurry County, Eenjamin Smith, 1806 25th Street, Suite 302, Snyder, TX 79549, and mailed via U.S. mail to the Office of the State Prosecuting Attorney, P.O. Box 12405, Capitol Station, Austin, TX 78711, on the 3 / day of M

/^asfffer cV^JL*^ Scotty Mtefl Casselman

2 of 2 Scotty Murl Casselman 1211 West County Road 138, Lot # 6 Midland, TX 79706

M&rck 3j, 2015 Texas Court of Criminal Appeals C/0 Louise Pearson, Clerk

Capitol Station ^%^i/¥ Austin, Texas 78711-2308 APR q RE: Appellate Case No. 11-12-00268-CR 11th Court of fljtfm&ls Trial Court Case No. 8983 132nd District *00%Q Scotty Murl Casselman v. The State of Texas '

Honorable Louise Pearson, Clerk,

Please find enclosed the PetitionerIs Motion For Extention of Time to File Petition For Discretionary Review. Please file the instrument and bring i it to the attention of the Court at earliest convenience. Thank you for your service in this matter.

Sincerely,

$>Q£tfc CjUAqOm^^ Scotty Murl Casselman

cc

Benjamin Smith, District Attorney's Office 1806 25th St., Ste. 302 Snyder, TX 79549

State Prosecuting Attorney P.O. Box 12405, Capitol Station Austin, TX 78711 JIM R.WRIGHT CHIEF JUSTICE Court of Appeals SHERRY WILLIAMSON CLERK

Eleventh District of Texas TELE: 254/629-2638 MIKE WILLSON JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191

P.O. BOX 271 sherry.vvilliamson@txcourts.gov JOHN M. BAILEY www.txcourts.gov/11 thcoa JUSTICE EASTLAND, TEXAS 76448

March 26, 2015

Scotty Murl Casselman Dana Cooley #1353071 1806 25th Street, Suite 302 c/o Coots Family Snyder, TX 79549 3609 FM 715 * DELIVERED VIA E-MAIL * Midland, TX 79706

RE: Appellate Case Number: 11-12-00268-CR Trial Court Case Number: 8983-A Style: Scotty Murl Casselman v. The State of Texas

The Court has this day GRANTED IN PART Appellant's pro se motion requesting suspension of appellate rules in the above cause.

The Court has also this day'DENIED Appellant's pro se motion for rehearing.

If either party wishes to file a Petition for Discretionary Review, please note:

1) Pursuant to Tex. R. App. P. 68.3(a), the petition and all copies of the petition must be filed with the Clerk of the Court of Criminal Appeals; and

2) Pursuant to Tex. R. App. P. 68.4(i), a copy ofthis Court's opinion must be attached.to each copy of the Petition for Discretionary Review.

Respectfully yours,

Sherry Williamson, Clerk

cc: Reed A. Filley (DELIVERED VIA E-MAIL) Ernie Armstrong, Judge (DELIVERED VIA E-MAIL) /all \(h<£s+aoo^KLi

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