Henderson, Mellannise

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'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

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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.

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