Casselman, Scotty Murl v. State, PD-0391-15

Casselman, Scotty Murl v. State

PD-0391-15

| Tex. App. | Apr 13, 2015

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Case Information

NO.

SCOTTY MURL CASSELMAN V.

FILLETIN OF TEXAS COURT OF CRIMINAL APPEALS

APR 13 2015 EN THE COURT OF CRIMINAL APPEALS

APR 13 2015 PRO SE MOTION FOR EXTENTION OF TIME TO FILE

APR 06 2015

Abel Acosta, Clerk

PETITION FOR DISCRETIONARY REVIEW

Abel Acosta, Clerk

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW the appellant / Petitioner in the above styled and numbered cause and respectfully moves this Honorable Court to extend the time for filing the Appellants Petition for Discretionary Review in this cause and in support thereof would show the Court the following:

1) The style and number of this case in the Eleventh Court of Appeals, Eastland, Texas is: Scotty Murl Casselman v. The State of Texas, Case No. 11-12-00268-CR.

2) The style and number of this case in the trial court is: The State of Texas v. Scotty Murl Casselman, Cause No. 8983 from the 132nd Judicial District Court of Scurry County, Texas.

3) The Petitioner was convicted of the felony offense of Possession of Controlled Substance, less than a gram in a drug free zone.

4) Judgment was entered on February 7, 2006, and punishment was assessed at 40 years confinement with no fine.

5) The Court of Appeals affirmed the conviction on February 5, 2015, and Motion For Rehearing was denied on March 25, 2015.

6) The deadline for filing the Petition For Discretionart Review in this Cause is April 24, 2015.

*2 7) An extention of time for a period of 60 days is requested, that would make the due date June 23, 2015. 8) No prior request for an extention of time has been made. 9) The facts relied upon to show good cause for the requested extention are, as follows: The Petitioner was represented by court appointed counsel during the appeal of this case to the Court of Appeals. After the conviction was affirmed, the trial courts! appointed counsel refused to file a Petition for Discretionary Review. Therefore additional time is needed for the Petitioner to either prepare and file the Petition pro se or to seek legal assistance in filing the Petition.

WHEREFORE, PREMISES CONSIDERED, the Petitioner respectfully request that this Honorable Court extend time for filing the Petition For Discretionary Review in this Cause to June 23, 2015.

Respectfully submitted,

The Petitioner hereby certifies that a true and correct copy of the foregoing Motion has been mailed to the Office of the Criminal District Attorney for Scurry County, Benjamin Smith, 1806 25th Street, Suite 302, Snyder, TX 79549, and mailed via U.S. mail to the Office of the State Prosecuting Attorney, P.O. Box 12405, Capitol Station, Austin, TX 78711, on the 31 day of March .2015.

March 31, 2015

Texas Court of Criminal Appeals C/O Louise Pearson, Clerk P.O. Box 12308

Capitol Station Austin, Texas 78711-2308

RE: Appellate Case No. 11-12-00268-CR 11th Court of Abseals Trial Court Case No. 8983 132nd District

132nd District

Honorable Louise Pearson, Clerk, Please find enclosed the Petitioner's Motion For Extention of Time to File Petition For Discretionary Review. Please file the instrument and bring it to the attention of the Court at earliest convenience. Thank you for your service in this matter.

Sincerely,

Bestly Casselman

Scotty Murl Casselman

CC Benjamin Smith, District Attorney's Office 1806 25th St., Ste. 302 Snyder, TX 79549 State Prosecuting Attorney P.O. Box 12405, Capitol Station

Austin, TX 78711

Court of Appeals

Eleventh District of Texas

100 WEST MAIN STREET, SUITE 300 P. O. BOX 271

EASTLAND, TEXAS 76448 March 26, 2015

Scotty Murl Casselman

#1353071 c/o Coots Family 3609 FM 715 Midland, TX 79706

RE: Appellate Case Number: 11-12-00268-CR

Trial Court Case Number: $8983 - A$ Style: Scotty Murl Casselman v. The State of Texas

The Court has this day GRANTED IN PART Appellant's pro se motion requesting suspension of appellate rules in the above cause.

The Court has also this day DENIED Appellant's pro se motion for rehearing. If either party wishes to file a Petition for Discretionary Review, please note:

1) Pursuant to TEX. R. App. P. 68.3(a), the petition and all copies of the petition must be filed with the Clerk of the Court of Criminal Appeals; and 2) Pursuant to TEX. R. App. P. 68.4(i), a copy of this Court's opinion must be attached to each copy of the Petition for Discretionary Review.

Respectfully yours, Sherry Williamson Sherry Williamson, Clerk cc: Reed A. Filley (DELIVERED VIA E-MAIL) Ernie Armstrong, Judge (DELIVERED VIA E-MAIL)