McAdoo, Tiffney Lynne
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Opinion
PD-1045&1047-15 TO: THE COURT OF CRIMINAL APPEMs^'*»iNa! ^ ^ m mm Cause No. 02-15-00157-CR,02-15-00158-CI| 1247940R, 1247941R
THE STATE OF TEXAS ( IN THE 372ndu •APPEALS
AUG 14 20.5 V.
Abel Acosta, Clerk TIFFNEY LYNNE MCADOO TARRANT COUNT, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE A PETITION FOR A DISCRETIONARY REVIEW
TO THE HONORABLE COURT CRIMINAL APPEALS
Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellee, Tiffney Lynne McAdoo files this unopposed FirstMotion to Extend Time to File Appellee's Petition ForA Discretionary Review.
Appellee's opening Petition was due onJuly 18,2015, Appellee request a 60 day extension of the time to file its Petition, making the Petition due on October 3,2015. This is the first request for extensionof time to file the Petition.
Appellee relies onthe following reasons, in addition to the requested extension:
(1). The Court OfAppeals decision to dismiss the appeal is dated June 18,2015. (See Exhibit A-letter). The Court of Appeals decision wasn't mailed until July 9,2015. (See Exhibit B-stamped envelope). The Court documents arrives almost 30 days after the decision was made not leaving enough time to properly respond.
(2) Appellee seeks the extension oftime to beable to prepare a cogent and succinct petition to aid this Court inits analysis ofthe issues presented. This request isnot sought to delay but so that justice may be done.
All facts cited in this motion are within the personal knowledge of the Appellee signing this motion, therefore no verification is necessary under Rule ofAppellate Procedure 10.2. PRAYER FOR RELIEF
For the reasons set forth above, Appellee requests that this Court grant this Unopposed First Motion toExtend Time tofile Appellee's Petition and extend the Deadline for Filing the Appellee's Petition up to and including October 4,2015. Appellee request all otherreliefto which may be entitled
Respectfully submitted
Tiffney Lynne McAdoo P.O. Box 330274 Fort Worth, Texas 76163
CERTIFICATE OF SERVICE
I certify that on August 3,2015,1 mailed a copy ofthis motion to the following: Court OfAppeals, Second District OfTexas. Tim Curry Criminal Justice Center. 401 W. Belknap, Suite 9000, Fort Worth, Texas 76196-0211.
IN WITNESS THEREOF, we have hereunto set our hands this, ^y^J day of August, 2015
t**tt*****i»******+******t*t*f*t,
LUZ SERRANO N0TART PWUCSTATE OF TEXAS COMNSSKMEXPfKES: S ^iS.^ 01-26-2016 FILE COPY
Court of Appeals Second District of Texas CHIEF JUSTICE CLERK TERRIE LIVINGSTON tim curry criminal justice center DEBRA SPISAK 401 w. belknap. suite 9000 JUSTICES fort worth. texas 76196-0211 LEE ANN DAUPHINOT CHIEF STAFF ATTORNEY LISA M. WEST ANNE GARDNER TEL: (817)884-1900 SUE WALKER BILL MEIER GENERAL COUNSEL FAX:(SI7)SS4-I932 LEE GABRIEL CLARISSA HODGES BONNIE SUDDERTH www.txcouns.gov/2ndcoa
June 18, 2015
Tiffney Lynne McAdoo Debra A. Windsor TDCJ# 01996870 Assistant District Attorney Christina Melton Crain Unit 401 W. Belknap St. 1401 State School Road Fort Worth, TX 76196-0201 Gatesville, TX 76599-2999 * DELIVERED VIA E-MAIL *
Hon. David L. Evans Criminal District Clerk, Tarrant County Regional Presiding Judge Tim Curry Criminal Justice Center Tim Curry Criminal Justice Center 401 W. Belknap, 3rd Floor 401 W. Belknap Fort Worth, TX 76196-0402 Fort Worth, TX 76196 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Roberta Walker David (Scott) Wisch 2363 Hwy. 287 N., Ste. 202 Judge, 372nd District Court Mansfield, TX 76063 401 W Belknap * DELIVERED VIA E-MAIL * Fort Worth, TX 76196-7119 * DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 02-15-00157-CR Trial Court Case Number: 1247940R
Style: Tiffney Lynne McAdoo v.
The State of Texas
Today the Second Court of Appeals issued an opinion and judgment in the above-referenced cause.
Copies of the opinion and judgment are attached and can also be viewed on our Court's webpage at: http://www.txcourts.aov/2ndcoa.
Respectfully yours,
DEBRA SPISAK, CLERK
EXHI3JT-A Court of Appeals Second District of Texas CHIEF JUSTICE CLERK TERR1E LIVINGSTON tim curry criminal justice center DEBRA SPISAK 401 w. belknap, suite 9000 JUSTICES fort worth, texas 76196-0211 CHIEF STAFF ATTORNEY LEE ANN DAUPH1NOT LISAM. WEST ANNE GARDNER TEL: (817) 884-1900 SUE WALKER GENERAL COUNSEL ' BILL MEIER FAX: (817) 884-1932 CLARISSA HODGES LEE GABRIEL BONNIE SUDDERTH www.txcourts.gov/2ndcoa
Tiffney Lynne McAdoo David (Scott) Wisch TDCJ# 01996870 Judge, 372nd District Court Christina Melton Crain Unit 401 W Belknap 1401 State School Road Fort Worth, TX 76196-7119 Gatesville, TX 76599-2999 * DELIVERED VIA E-MAIL *
Hon. David L. Evans Criminal District Clerk, Tarrant County Regional Presiding Judge Tim Curry Criminal Justice Center Tim Curry Criminal Justice Center 401 W. Belknap, 3rd Floor 401 W. Belknap Fort Worth, TX 76196-0402 Fort Worth, TX 76196 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Roberta Walker Debra A. Windsor 2363 Hwy. 287 N., Ste. 202 Assistant District Attorney Mansfield, TX 76063 401 W. Belknap St. * DELIVERED VIA E-MAIL * Fort Worth, TX 76196-0201 * DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 02-15-00158-CR Trial Court Case Number: 1247941R
Today the Second Court of Appeals issued an opinion and judgment in the above-referenced cause.
Copies of the opinion and judgment are attached and can also be viewed on our Court's webpage at: http://www.txcourts.gov/2ndcoa.
DEBRA SPISAK, CLERK COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
NO. 02-15-00157-CR
Tiffney Lynne McAdoo § From the 372nd District Court
§ of Tarrant County (1247940R)
v. § June 18,2015
§ Opinion by Justice Walker
The State of Texas § (nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed.
SECOND DISTRICT COURT OF APPEALS
By Justice Sue Walker COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
NO. 02-15-00158-CR
§ of Tarrant County (1247941R)
v- § June 18,2015
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed.
By Justice Sue Walker COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
NO. 02-15-00157-CR NO. 02-15-00158-CR
TIFFNEY LYNNE MCADOO APPELLANT
V.
THE STATE OF TEXAS STATE
FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NOS. 1247940R, 1247941R
MEMORANDUM OPINION1
Appellant Tiffney Lynne McAdoo committed two offenses of theft of $1,500
to $20,000 from an elderly person for which she was sentenced in each case to
five years' confinement, probated for five years. She attempts to appeal from the
judgments revoking her community supervision, sentencing her to thirty months'
confinement in each case, and ordering the sentences to run concurrently. In
1See Tex. R. App. P. 47.4. each case, McAdoo signed a waiver of her right to appeal the revocation of her
community supervision. The trial court's certifications of her right to appeal state
that each case "is a plea-bargain case, and the defendant has NO right of
appeal" and that "the defendant has waived the right of appeal." See Tex. R.
App. P. 25.2(a)(2).
On May 18, 2015, we notified McAdoo that these appeals may be
dismissed based on the trial court's certifications unless she or any party desiring
to continue the appeals filed a response on or before May 28, 2015, showing
grounds for continuing the appeals. See Tex. R.
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