Henderson, Mellannise

Court of Appeals of Texas·Decided February 9, 2015·No. PD-0124-15·Published

Opinion

PD-0124-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 2/2/2015 12:00:00 AM Accepted 2/4/2015 11:52:31 AM ABEL ACOSTA

CLERK

IN THE UNITED STATES COURT OF CRIMINAL APPEALS

" 5™ Courtof Appeals Number 05-14-0002V-CR Trial Court: County Court at Law No 2. 002-80051-3031,

MELLANNISE HENDERSON

PETITIONER

V.

THE STATE OF TEXAS

Petitioner

PETITIONER'S MOTION FOR EXTENSION OF TIME AND ALTERNATIVE MOTION TO FILE BRIEF OUT OF TIME

Law Office of Mellannise Henderson-Love, P.L.L.C.

/s/Mellannise Henderson-Love

FILED IN

COURT OF CRIMINALAPPEALS

February 4, 2015

ABEL ACOSTA, CLERK

Page 1 of 3 •fc s

COMES NOW Mellannise Henderson, Petitioner herein and files this Motion for Extension of Time, and Alternative Motion to File Briefout of Time and will show unto the Court the following:

On December 2, 2014, the Court of Appeals rendered a decision affirming the Trial Court's opinion. Petitioner's deadline to file her Petition for Discretionary Review was January 16, 2014. Petitioner is seeking a Motionfor Extension of Time, and Alternative Motion to File Brief out of Time.

By way of background, Petitioner had an unexpected medical procedure in January that required her to take two weeks off from work. The two weeks off, required Petitioner to play catch up upon her return. Because of the time off from work, Petitioner is seeking additional time to file her brief- deeming the Petitioner's brief timely filed on January 31, 2015.

This Motion is timely filed within 15 days of the initial brief being due. Moreover, Respondent will not be harmed by the filing of this Motion; moreover, this Motion is not sought for delay but so that justice may be ultimately served.

CONCLUSION:

Based on the forgoing argument, Petitioner is asking of this Court to GRANT the requested Motion, and any and all relief to which she may be legally entitled.

Page 2 of3

Law Office of Mellannise Henderson-Love, PLLC

/s/Mellannise Henderson-Love Attorney for Petitioner

State Bar No. 0079674

Mlove@lovelawtx.com

3102 Maple Avenue, Suite 400 Dallas, Texas 75201

Tel: (214) 638-8777

Fax: (214) 291-5331

CERTIFICATE OF SERVICE

The undersigned Counsel hereby certifies that on January 31, 2015, a true and correct copy of Petitioner's Motion was served via electronic mail on:

Collin County District Attorney Gregg Willis, 2100 Bloomdale, Suite 2400 Counsel for Respondent McKinney Texas 75071.

/s/Mellannise Henderson-Love

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