Dromgoole, Melissa

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

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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.

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Notary Public, State of Texas Name:

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01-13-009319-CR

MELISSA DROMGOOLE * IN THE CRIMINAL COURT OF APPEALS

VS. *

STATE OF TEXAS * AUSTIN, TEXAS

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