Nelson, Mona Yvette

Opinion

PD-0390-15

PD-0390-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

APRIL 13, 2015 Transmitted 4/6/2015 1:10:41 PM Accepted 4/13/2015 3:15:44 PM ABEL ACOSTA

NO. 01-13-00769-CR CLERK

IN THE COURT OF APPEALS

FIRST DISTRICT

HOUSTON, TEXAS

NO. 1394964

IN THE TRIAL COURT

182ND JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

MONA YVETTE NELSON § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE

MOTION FOR EXTENSION OF TIME FOR FILING PETITION FOR DISCRETIONARY REVIEW

ALLEN C. ISBELL

202 Travis, Suite 208

Houston, Texas 77002

713/236-1000

Fax No. 713/236-1809

STATE BAR NO. 10431500

COUNSEL ON APPEAL

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW MONA YVETTE NELSON, appellant, by and through her counsel on appeal, ALLEN C. ISBELL, and respectfully requests this Honorable Court grant an Extension of Time for Filing a Petition for Discretionary Review.

I.

The First Court of Appeals in Houston, Texas, delivered an opinion in this matter on March 10, 2015, in Cause No. 1394964, entitled MONA YVETTE NELSON vs. The State of Texas.

II.

The present deadline for filing the Petition for Discretionary Review is April 9, 2015.

III.

Appellant requests that the time be extended until May 9, 2014.

IV.

Counsel is unable to timely file the Petition for Discretionary Review within the time prescribed by the TEXAS RULES OF APPELLATE PROCEDURE for the following reasons:

1. Counsel is preparing for the following Trials:

• State vs. Hobbs, Cause Nos. 1322693, 1322694, 1322764, 1322796, 1323767, 1324124 & 1324125 (Death Penalty Capital)(jury selection set to begin April 27, 2015);

• State vs. Davis, Nos. 1438664 (Evading Arrest)(set for May 26, 2015).

2. Counsel is presently working on the following Brief for Appellant:

Rivera v. State, No. 01-14-00957-CR;

3. Counsel has recently represented the following in court: State vs.

Barfield, No. 14-DCR-065147; State vs. Blacknell, No. 1458444;

State vs. Caplan, No. 1449686; State vs. Contreras, No. 1328812;

State vs. Hornsby, Nos. 1455466, 1455467 & 1455768; Jones v.

Babb, No. 2014-65748; State vs. Lawrence, No. 1455567; State vs. Lightfoot, Nos. 1415378, 1415379, 1420878, & 1436565;

State vs. Magee, Nos. 1392085, 1386835, 1387732, & 1386809;

State vs. McGlory, Nos. 1462825 &1462826; State vs. Merryman, Nos. 1462519 & 1462520; State vs. Morris, No. 1458287; State vs. Olajuwon, No. 1462553; State vs. Peters, No. 1447571; State vs. Pinnock, Nos. 1435200 & 1393885; State vs. Quarrells, No.

1455220; State vs. Smith, No. 1436342; State vs. Stacy, No.

1444450; State vs. Thedford, Nos. 1408153 & 1408154; State vs.

Williams, No. 1933046;

V.

This is the first (1) extension requested.

VI.

This motion is urged at the first opportunity as appellant is indigent and will suffer irremediable harm if it is not granted.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this Honorable Court grant this extension of time in which to file the Petition for Discretionary Review until May 9, 2015.

Respectfully submitted,

/s/ Allen C. Isbell

ALLEN C. ISBELL

202 Travis, Suite 208

Houston, Texas 77002

713/236-1000

Fax No. 713/236-1809

STATE BAR NO. 10431500

COUNSEL ON APPEAL

Certificate of Service

I hereby certify that on this 6th day of April, 2015, a true and correct copy of the foregoing Motion for Extension of Time for Filing Appellant's Petition for Discretionary Review has been sent to the District Attorney's Office, Appellate Division, and to Ms. Mona Yvette Nelson, appellant.

/s/ Allen C. Isbell

ALLEN C. ISBELL

Certificate of Compliance The undersigned attorney on appeal certifies this motion is computer generated and consists of 567 words. Counsel is relying on the word count provided by the Word Perfect computer software used to prepare the brief.

/s/ Allen C. Isbell

ALLEN C. ISBELL