Dromgoole, Melissa

• Court: Court of Appeals of Texas
• Decided: September 22, 2015
• Docket: PD-1230-15
• Status: Published

Opinion

PD-1230-15 PD-1230-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/17/2015 9:30:59 AM Accepted 9/22/2015 11:23:36 AM 01-13-009319-CR ABEL ACOSTA CLERK

MELISSA DROMGOOLE * IN THE CRIMINAL COURT OF APPEALS VS. *

STATE OF TEXAS * AUSTIN, TEXAS

MOTION TO EXTEND TIME

TO THE HONORABLE JUSTICES OF SAID COURT: Now comes MELISSA DROMGOOLE Appellant in the above styled and

numbered cause, and moves this Court to grant an extension of time to file Respondent’s

Brief on Discretionary Review, pursuant to Rule 10.5 (b) of the Texas Rules of Appellate

Procedure, and for good cause shows the following:

I.

On June 4, 2015, the First Court of Appeals issued a published opinion in

case number 01-13-0093l—CR, styled Melissa Dromgoole v. The State of Texas,

affirming Appellant’s conviction. Appellant filed a Motion for Rehearing on July 1,

2015. Appellant filed an Amended Motion for Rehearing on July 13, 2015. On July 23,

2015, the Court of Appeals denied the motion for rehearing, vacated and withdrew its

opinion of June 4, 2015, and issued a new published opinion affirming Appellant’s

conviction. Appellant filed a Motion for Rehearing and Motion for En Banc

Reconsideration on August 4, 2015. On August 20, 2015 these motions were denied and

the Court issued a corrected opinion. Appellant’s petition for discretionary review is due

on September 21, 2015. Appellant requests that the Court extend the time for filing the

petition until October 21, 2015.

September 22, 2015 II.

This motion is not brought for purposes of delay but so that justice may be served.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this court grant this

Motion to Extend Time to File Appellant’s Brief on Discretionary Review and for such

other and further relief as the Court may deem appropriate.

Respectfully submitted,

Law Offices of Norman J. Silverman 917 Franklin, 4th Floor Houston, Texas 77002 713-526-1515 713-526-1798 FAX

BY: /5/ ./V0‘/Wm/0 J/W/c’/wza/zx Norman J. Silverman 00792207 Attorney for Appellant

CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the attached and foregoing

document has been served on the Harris County District Attomey’s Carley Dessauer,

1201 Franklin, Suite 600, Houston, TX 77002 office by mail and/or fax to 713-755-5809 on this the 17"‘ day of September.

/S/ .1 /0‘/vim/ojJM)rvwm/0 Norman J. Silverrnan STATE OF TEXAS COUNTY OF HARRIS

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

Norman J. Silverrnan, who after being duly sworn stated: "1 a.m the attorney for the appellant in the above numbered and entitled cause. I have read the foregoing Motion to Extend Time to File Reply Brief on Discretionary Review and swear that all of the allegations of fact

WW2 contained therein are true and correct."

any Norman J. Si Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this the Ellday of September 2015 to certify which witness my hand and seal of office. QWW/9

~ Vltll Notary Public, State of Texas Name:

~~ Notary's Printed

As My commission CXPIICSZ . . fi‘“‘ . MAl:lA D§h§lfc‘?Igf;§gf?§§°5 Nor‘/(1?/Commllsslon Expires April 15. 2019 01-13-009319-CR

ORDER FOR GRANTING MOTION FOR AN EXTENSION OF TIME TO FILE BRIEF ON DISCRETIONARY REVIEW Today the Court considered Respondent’s Motion for An Extension of Time to

Brief on Discretionary Review. After a review of the motion and finding a showing of a

reasonable explanation of the need for time, the Court grants the motion.

The Clerk of the Court of Appeals is directed to issue notice to counsel to both the

appellant and appellee of this Court's order granting the extension of time in which to file

Respondent’s Brief on Discretionary Review.

THUS SIGNED AND ENTERED OF RECORD, on this the day of

2015.

JUDGE FOR THE COURT OF CRIMINAL APPEALS