Roy, Kelvin Lee

• Court: Court of Appeals of Texas
• Decided: November 10, 2015
• Docket: PD-1455-15
• Status: Published

Opinion

FILED IN PD - 1 AR C" - 1 R PD-1455-15 COURT OF CRIMtNALAPPEALS ^U i^D: -1 ° COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/6/2015 2:05:37 PM November y, ^!U1b Accepted 11/9/2015 4:29:18 PM N ABEL ACOSTA ABEL ACOSTA, CLERK ' CLERK No. 09-14-00367-CR In The Ninth Court of Appeals 'U/s /

KELVIN LEE ROY § IN THE COURT OF % ^.V3 v. § CRIMINAL APPEALS k Q'V § i jl THE STATE OF TEXAS § AUSTIN, TEXAS V

MOTION FOR EXTENSION OF TIME TO FILE PDR

COMES NOW, movant, by and through counsel, Dustin Galmor, and in

accordance with Rule 2 of The Texas Rules ofAppellate Procedure, hereby requests

an extension of time in which to file his petition for discretionary review and would

respectfully show:

1. Name of Trial Court: 163rd District Court

2. Trial Court Style: No. B-140,221-R, The State of Texas v. KELVIN LEE ROY; No. 09-14-00367-CR in the Ninth Court of Appeals

3. Offense: Murder

4. Punishment assessed: 75 years in IDTDCJ

5. Present Filing Deadline: September 25, 2015

6. Length of Extension Requested: 15 days

7. Number of Previous Extensions: None

8. Good Cause for this Extension is as follows: Appellant intended to file a petition for discretionary review and believed he would be able to retain counsel under certain time constraints. Appellant filed a pro se motion for extension of time to file a motion for rehearing, in part to obtain additional time to retain counsel. The time period was extended until October 12, 2015, for appellant to file his pro se motion for rehearing. Appellant did not follow up and file his pro se motion for rehearing which would have extended the time period for the filing of a petition for discretionary review. Counsel was under the impression that appellant would do so, and recently learned that appellant through inadvertence did not do so. Appellant's oversight in failing to file the motion had the effect of eliminating the extension of time. Since the mandate has not issued, and appellant wishes to file a petition for discretionary review in this significant case, counsel requests that this court enter an order extending the time for 15 days from the date of the ruling on this motion in order to file a timely petition for discretionary review. If this Court extends the time period as requested, counsel herein willrepresent appellant andfile thepetition onappellant'sbehalf. Counsel submits that the failure to file the motion for rehearing was excusable neglect under the circumstances. Counsel represents that there are one or more meritorious issues that merit review by this court andthatgood cause exists to warrant an extension of time for the filing of a petition for discretionary review.

WHEREFORE, PREMISES CONSIDERED, appellant respectfully files this

motion, and prays for the requested extension.

Respectfully submitted, /s/DUSTIN GALMOR Attorney for Appellant Texas State Bar #24057525 485 Milam Beaumont, TX 77701 Tel: (409) 832-7757; Fax: (888) 248-9161 CERTIFICATE OF SERVICE

This is to certify that the above and foregoing Motion for Extension of Time

has been served upon counsel for the State by electronic delivery, on the date offiling

hereof.

/s/DUSTIN GALMOR