Malone, Alphonson Damon

• Court: Texas Supreme Court
• Decided: September 25, 2015
• Docket: PD-1262-15
• Status: Published

Opinion

ACCEPTED 01-14-00054-CR FIRST COURT OF APPEALS PD-1262-15 HOUSTON, TEXAS 9/24/2015 3:09:00 PM CHRISTOPHER PRINE CLERK

APPEAL NO. 01-14-00054-CR IN THE COURT OF APPEALS FOR THE FIRST JUDICIAL DISTRICT OF TEXAS received in wrYTTQTrrw tpyaq 1st court of appeals HOUSION, 1EXAS HOUSTON, TEXAS 9/24/2015 3:09:00 PM— CHRISTOPHER A. PRINE ALPHONSON MALONE § APPELLANT Clerk § VS. § § THE STATE OF TEXAS § APPELLEE

APPEAL FROM COUNTY CRIMINAL COURT AT LAW # 8 OF HARRIS COUNTY, TEXAS TRIAL COURT NO. 1899612

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

NOW COMES, ALPHONSON MALONE, Appellant, and files this Motion

for Extension of Time to File Appellant's PetitionFor Discretionary Review, pursuant

to Rules 10.5(b) and 68.2(c), Texas Rules of Appellate Procedure. In support of this

Motion, Appellant would show the following:

I.

The First Court of Appeals issued its Published Opinion in this case on April

23, 2015. Appellant's timely filed motion for rehearing was denied on August 18, 2015. Appellant's Petition for Discretionary Review was due to be filed by September

18,2015. This is Appellant's first request for an extension of time. Appellant requests

an extension of forty-five (45) days to file the petition.

n.

Pursuant to rule 68.2(c) ofthe Texas Rules ofAppellate Procedure, the Court of

Appeals may extend the time to file a petition for discretionary review if a party files

a motion complying with Rule 10.5(b) no laterthan 15 days afterthe last day for filing

the petition.

III.

In the pastthirty(30) days, counsel has been engaged in the following matters,

which preclude completion of Appellant's Petition for Discretionary Review:

1. On August 19, 2015, Counsel for Appellant appeared for a Pre-Trial

Conference/Pre-Trial Diversion Submission in the case styled State ofTexasv. Jason

Schilling; Cause No's. 1459666 and 1459667, pending in the 351st District Court

Harris County, Texas.

2. Counsel for Appellant was on family leave from August 24 through August

31,2015.

3. On September 4, 2015, Counsel for Appellant prepared and filed Objections

to Pre-Sentencing Report in case styled United States ofAmerica vs. David Garcia; Cause No. 4:13-cr-00628, pending in the United States District Court for the

Southern District of Texas.

4. On September 8, 2015, Counsel for Appellant travelled to Williamson

County, Texas for a Probation Revocation Hearing in the case styled State of Texas

vs. Kristine Noffsinger; Cause No. 13-0783-K277, pending inthe 368th District Court

Williamson County, Texas.

5. On September 10,2015, Counsel for Appellant travelled to Freestone County,

Texas for a Pre-Trial Conference in the case styled State of Texas vs. Kristine

Noffsinger; Cause No. 14-112-CR, pending in the 87th District Court Freestone

County, Texas.

6. On September 18, 2015, Counsel for Appellant prepared for and was set for a

Motion to Suppress in the case styledState of Texas v. Manuel Ochoa; Cause No's.

1396477 and 1396478, pending in the 178th Criminal District Court Harris County,

Texas.

IV.

This request is not made for the purpose of delay, but rather this request is

made to allow counsel adequate time to prepare Appellant's Petition for

Discretionary Review. Appellant moves this Court for an order granting anextension

of forty-five (45) days, or until November 6, 2015 for Appellant to submit the Petition for Discretionary Review in this case.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court for

an order granting an extension of forty-five (45) days, for Appellant to submit the

Petition for Discretionary Review in this case.

Respectfully submitted, Digitally signed by Gary c^^L2^-k-i^p Tabakman Date: 2015.09.24 15:05:07 •05'00'

BY: GARY TABAKMAN Attorney for Appellant 712 Main St. Ste 2400 Houston, TX 77002 (713)228-8500 (713) 228-0034 (Fax) State Bar No. 24076065 Garv@BSDLawfirm.com

CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned

counsel of record certifies that the motion contains 387 words. Digitally signed by Gary -5^Tj ^.yz—"* Jabakman "" ""^ .Date: 2015.09.24 15:05:19 -05'0'0'

GARY TABAKMAN CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion

for Extension of Time to File Appellant's Briefwas served via e-mail delivery through

eFile.TXCourts.gov to the Assistant District Attorney, Harris County District Attorney's

Office, on September 24, 2015.

/S/ Gary Tabakman GARY TABAKMAN NO. 01-14-00054-CR

ALPHONSON MALONE, IN THE COURT OF APPEALS Appellant VS. IN HOUSTON, TEXAS

THE STATE OF TEXAS, 1st JUDICIAL DISTRICT Appellee

ORDER

It is the order of this Court that the foregoing Motion for Extension of Time to

File Appellant'sPetition for Discretionary Review is GRANTED, andthe deadline for'

filing Appellant's Petition for Discretionary Review is extended to ,

2015.

SIGNED this the day of ,2015.

JUDGE PRESIDING