Shearer, Robert Scott

• Court: Court of Appeals of Texas
• Decided: March 25, 2015
• Docket: PD-0312-15
• Status: Published

Opinion

PD-0312-15 PD-0312-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 3/20/2015 5:48:54 PM Accepted 3/25/2015 10:04:48 AM TO THE COURT OF CRIMINAL APPEALS OF TEXAS ABEL ACOSTA CLERK

No.____________

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ROBERT S. SHEARER, Appellant v. THE STATE OF TEXAS, Appellee

MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

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On Petition for Discretionary Review from the Court of Appeals for the Tenth District, Waco, Texas in Cause No. 10-14-0031-CR; DISMISSING an appeal from a judgment issued in Cause No. 5054-A from the County Court at Law #2 of Brazos County, Texas.

R. Scott Shearer TBA No. 00786464 917 Franklin, Suite 320 Houston, TX 77002 (713) 254-5629 (713) 224-2889 FAX ShearerLegal@Yahoo.com March 25, 2015 Attorney for Appellant

March 20, 2015 TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

NOW COMES, ROBERT SCOTT SHEARER and files this Motion To Extend

Time To File Petition For Discretionary Review. In support of this motion, he would

respectfully show the Court the following:

I.

In a UNPUBLISHED opinion delivered January 15, 2015, a panel of the Tenth

Court of Appeals DISMISSED Appellant’s appeal from a judgment of conviction for

speeding by the County Court at Law #2 Court of Brazos County. Appellant filed a motion

for rehearing, which was overruled on February 19, 2015. Appellant’s Petition for

Discretionary Review is due on March 23, 2015. This motion to extend time to file petition

for discretionary review is timely filed within thirty days after the court of appeals issued its

opinion or overruled Appellant’s Motion for Rehearing or within fifteen days of said

deadline. See TEX. R. APP. PROC. 68.2.

II.

Appellant is requesting additional time to file the petition for discretionary review.

More time is necessary to research the issues involved.

III.

Appellant asserts that this motion is not made solely for purposes of delay and that

the granting of this motion will not prejudice the rights of the State. IV.

Appellant is therefore requesting a thirty [30] day extension so that his Petition may

be timely filed.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that the

Honorable Court of Criminal Appeals will grant his Motion To Extend Time To File

Petition For Discretionary Review.

Respectfully submitted,

/s/R. SCOTT SHEARER R. Scott Shearer TBA No. 00786464 917 Franklin, Suite 320 Houston, TX 77002 (713) 254-5629 (713) 224-2889 FAX ShearerLegal@Yahoo.com

Attorney for Appellant

March 20, 2015 CERTIFICATE OF SERVICE

I certify that a copy of this Motion has been served upon the State of Texas by e- mailing a copy of same to the following parties at the following addresses on this the 15th day of March, 2015:

BRAZOS CO. DISTRICT ATTORNEY’S OFFICE APPELLATE SECTION 300 E. 26TH STREET, SUITE 1300 BRYAN, TX 77803

/s/R. SCOTT SHEARER R. Scott Shearer