Elisa Merrill Wilson v. State

Opinion

ACCEPTED 01-11-01125-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 12:00:00 AM CHRISTOPHER PRINE CLERK

No. 01-11-01125-CR

FILED IN - 1st COURT OF--APPEALS ---- IN THE COURT OF APPEALS HOUSTON, - - --- TEXAS FOR THE FIRST DISTRICT OF TEXAS - - ----ID K ------ 10/25/2015 - - 5:53:50 -- PM ---- VO ------ CHRISTOPHER -- A. PRINE ---- ---- Clerk

Elisa Merrill Wilson, appellant v. The State of Texas, appellee FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 2:17:00 PM Motion to Recall and Stay MandateCHRISTOPHER A. PRINE Clerk

TO THE FIRST COURT OF APPEALS:

Appellant, Elisa Merrill Wilson, files this motion to recall and stay

mandate pursuant to Rule 18.2 of the Texas Rule of Appellate Procedure,

and shows:

I.

Appellant intends to file a petition for writ of certiorari in the United

States Supreme Court and therefore requests that this Court recall and stay

the mandate as allowed by Rule 18.2 which states, “In a criminal case, the

stay will last for no more than 90 days, to permit the timely filing of a

petition for writ of certiorari.” Tex. R. App. P. 18.2. Appellant’s petition for

discretionary review was denied by the Court of Criminal Appeals on

1 September 16, 2015 and therefore the deadline to file the petition for writ of

certiorari in the Units States Supreme Court is December 16, 2015.

WHEREFORE, appellant requests the Court to grant this motion and

recall and stay the mandate in this case until December 16, 2015.

Respectfully submitted,

/s/Timothy A. Hootman Timothy A. Hootman, SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548 713.583.9523 (f) E-mail: thootman2000@yahoo.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure, I have served the forgoing document upon the following attorneys by personal mail, commercial delivery service, fax, or electronic service: John J. Harrity III Assistant District Attorney Fort Bend County 301 Jackson St, Rm 101 Richmond, TX 77469 Dated: October 25, 2015.

/s/Timothy A. Hootman Timothy A. Hootman