Campbell, Noel ( 2015 )

PD-1601-15
PD-1601-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
December 11, 2015 Transmitted 12/9/2015 11:39:00 AM
Accepted 12/11/2015 11:09:04 AM
ABEL ACOSTA
CAUSE NO. _______________ CLERK
NOEL CAMPBELL § IN THE COURT
Petitioner §
§
vs. § OF CRIMINAL APPEALS
§
THE STATE OF TEXAS, §
State § OF THE STATE OF TEXAS
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S PETITION
FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES NOEL CAMPBELL, the Petitioner herein, by and through
undersigned counsel, and moves the Court for an extension of time to file his Petition for
Discretionary Review in this cause pursuant to Rule 68.2(c) of the Texas Rules of Appellate
Procedure (T.R.A.P.), and in support thereof would show the Court as follows:
I.
The Appellant’s appeal was denied by the 13th Court of Appeals in the case of Noel
Campbell vs. The State of Texas, cause number 13-14-00403-CR, from trial court cause
number 14-CR-0429-B in the 117th Judicial District Court of Nueces County, on August 31,
2015. The Appellant filed a request for an extension of time to file a Motion for Rehearing
En Banc which was granted extending the time for filing until October 30, 2015. Appellant's
Motion for Rehearing was denied on November 10, 2015.
II.
Pursuant to T.R.A.P. Rule 68.2(a), the Appellant’s Petition for Discretionary Review
is therefore due December 10, 2015.
III.
The Appellant hereby requests an extension of time to file Appellant's Petition for
Discretionary Review, and would show unto the Court that sixty (60) additional days will be
sufficient to allow the completion of said Petition, until February 8, 2016.
IV.
No previous extensions of time have heretofore been requested or granted.
V.
Counsel delivered her baby December 7, 2015, two weeks earlier than expected.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf
of Petitioner, respectfully prays that this Honorable Court extend the time for filing a
Petition for Discretionary Review in this cause until February 8, 2016.
Respectfully Submitted,
/s/ Celina Lopez Leon
CELINA LOPEZ LEON
State Bar No. 24070170
LAW OFFICE OF SCOTT M. ELLISON, P.L.L.C.
410 Peoples Street
Corpus Christi, Texas 78401
Telephone: (512) 887-7600
Telecopier: (512) 883-6367
ATTORNEY FOR PETITIONER
NOEL CAMPBELL
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing motion has been served upon the Nueces
County District Attorney’s Office, at the Office of the Nueces County District Attorney
on this 9th day of December, 2015.
/s/ Celina Lopez Leon
CELINA LOPEZ LEON
VERIFICATION
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, personally appeared the undersigned
counsel for the Appellant in the above-styled and numbered cause, who upon oath
deposes and says that he has read the foregoing Motion for Extension of Time to File
Appellant’s Petition for Discretionary Review and that the facts contained therein are true
and correct.
_/s/ Celina Lopez Leon
CELINA LOPEZ LEON
SUBSCRIBED AND SWORN TO BEFORE ME on this the 9th day of
December, 2015.
Tiare Correa
Notary public in and for the State of Texas
My commission expires March 22, 2016
CAUSE NO. _________________
ROBERT SCHMITT § IN THE COURT
Petitioner §
§
vs. § OF CRIMINAL APPEALS
§
THE STATE OF TEXAS, §
State § OF THE STATE OF TEXAS
ORDER
ON THIS the ____ day of _________________, 2014, came to be heard Appellant’s
Motion for Extension of Time to File Appellant’s Petition for Discretionary Review,
submitted by CELINA LOPEZ LEON and the Court is of the opinion that it should be
GRANTED.
IT IS THEREFORE ORDERED that Appellant’s Petition for Discretionary Review
be due on February 28, 2014.
SIGNED and ENTERED this _______ day of _______________________, 2014.
_________________________________________
PRESIDING JUDGE