Wyatt, Brittany

Opinion

PD-1452-15

PD-1452-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 11/6/2015 8:29:26 AM November 9, 2015 Accepted 11/9/2015 3:51:34 PM NO. ABEL ACOSTA CLERK

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS

NO. 13-13-00496-CR

IN THE COURT OF APPEALS

FOR THE

THIRTEENTH JUDICIAL DISTRICT OF TEXAS CORPUS CHRISTI, TEXAS

THE STATE OF TEXAS § APPELLANT §

V. § §

BRITTANY WYATT § APPELLEE

APPEAL FROM COUNTY COURT AT LAW NO. 3 NUECES COUNTY, TEXAS

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

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, BRITTANY WYATT, Appellee in the above entitled and numbered cause, by and through her attorney of record, W. TROY McKINNEY, and submits this Motion for Extension of Time to file Appellee's Petition for Discretionary Review until December 7, 2017. For good cause, Appellee shows as

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follows.

1. This Court issued its opinion on June 4, 2015. On July 20, 2015, Appellee’s motion for rehearing was filed and it was overruled on October 6, 2015. This petition for discretionary review is due to be filed on or about November 5, 2015. This is Appellee's first request for an extension of time to file Appellee's Petition for Discretionary Review.

2. The last thirty days, Appellee's counsel has been in trial, had an extremely heavy court docket in Harris County, Texas, and several out of town court settings.

3. Furthermore, Appellee’s counsel was in Oklahoma City and Corpus Christi speaking at seminars.

4. This Motion is not made for delay, but to see that justice is done.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellee prays that the deadline for filing of Appellee's Petition for Discretionary be extended to December 7, 2015.

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Respectfully submitted,

SCHNEIDER & McKINNEY, P.C.

/w/ Troy McKinney

W. Troy. McKinney

T.B.C. No. 13725020

440 Louisiana

Suite 800

Houston, Texas 77002

713-951-9994

FAX 713-224-6008

Email: wtmhousto@aol.com

ATTORNEY FOR APPELLEE

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the attached and foregoing document has been served on Williams Ainsworth, Assistant District Attorney, 901 Leopard, Room 206, Corpus Christi, Texas 78401.

/s/ W. Troy McKinney

W. Troy McKinney