Case Information
*1 TO: THE COURT OF CRIMINAL APPEMs^'*»iNa! ^^
m mm Cause No. 02-15-00157-CR,02-15-00158-CI|
1247940R, 1247941R THE STATE OF TEXAS ( IN THE 372nd
u •APPEALS AUG 14 20.5 V.
Abel Acosta, Clerk TARRANT COUNT, TEXAS TIFFNEY LYNNE MCADOO MOTION FOR EXTENSION OF TIME TO FILE A PETITION FOR A DISCRETIONARY REVIEW TO THE HONORABLE COURT CRIMINAL APPEALS
Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellee, Tiffney Lynne McAdoo files this unopposed FirstMotion to Extend Time to File Appellee's Petition ForA Discretionary Review.
Appellee's opening Petition was due onJuly 18,2015, Appellee request a 60 day extension of the time to file its Petition, making the Petition due on October 3,2015.
This is the first request for extensionof time to file the Petition.
Appellee relies onthe following reasons, in addition to the requested extension: (1). The Court OfAppeals decision to dismiss the appeal is dated June 18,2015. (See Exhibit A-letter). The Court of Appeals decision wasn't mailed until July 9,2015. (See Exhibit B-stamped envelope). The Court documents arrives almost 30 days after the decision was made not leaving enough time to properly respond.
(2) Appellee seeks the extension oftime to beable to prepare a cogent and succinct petition to aid this Court inits analysis ofthe issues presented. This request isnot sought to delay but so that justice may be done.
All facts cited in this motion are within the personal knowledge of the Appellee signing this motion, therefore no verification is necessary under Rule ofAppellate Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, Appellee requests that this Court grant this Unopposed First Motion toExtend Time tofile Appellee's Petition and extend the Deadline for Filing the Appellee's Petition up to and including October 4,2015. Appellee request all otherreliefto which may be entitled
Respectfully submitted P.O. Box 330274 Fort Worth, Texas 76163 CERTIFICATE OF SERVICE I certify that on August 3,2015,1 mailed a copy ofthis motion to the following: Court OfAppeals, Second District OfTexas. Tim Curry Criminal Justice Center. 401 W. Belknap, Suite 9000, Fort Worth, Texas 76196-0211.
IN WITNESS THEREOF, we have hereunto set our hands this, ^y^J day of August, 2015
t**tt*****i»******+******t*t*f*t, LUZ SERRANO N0TART PWUCSTATE OF TEXAS COMNSSKMEXPfKES: S ^iS.^ 01-26-2016 *3 FILE COPY Court of Appeals Second District of Texas CHIEF JUSTICE CLERK TERRIE LIVINGSTON tim curry criminal justice center DEBRA SPISAK 401 w. belknap. suite 9000 JUSTICES fort worth. texas 76196-0211 CHIEF STAFF ATTORNEY LEE ANN DAUPHINOT LISA M. WEST ANNE GARDNER TEL: (817)884-1900 SUE WALKER GENERAL COUNSEL FAX:(SI7)SS4-I932 BILL MEIER CLARISSA HODGES LEE GABRIEL BONNIE SUDDERTH www.txcouns.gov/2ndcoa
June 18, 2015 Tiffney Lynne McAdoo Debra A. Windsor TDCJ# 01996870 Assistant District Attorney
Christina Melton Crain Unit 401 W. Belknap St.
1401 State School Road Fort Worth, TX 76196-0201 Gatesville, TX 76599-2999 * DELIVERED VIA E-MAIL * Hon. David L. Evans Criminal District Clerk, Tarrant County Regional Presiding Judge Tim Curry Criminal Justice Center Tim Curry Criminal Justice Center 401 W. Belknap, 3rd Floor 401 W. Belknap Fort Worth, TX 76196-0402 Fort Worth, TX 76196 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Roberta Walker
David (Scott) Wisch 2363 Hwy. 287 N., Ste. 202 Judge, 372nd District Court Mansfield, TX 76063 401 W Belknap * DELIVERED VIA E-MAIL * Fort Worth, TX 76196-7119 * DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 02-15-00157-CR
Trial Court Case Number: 1247940R
Style:
v. Today the Second Court of Appeals issued an opinion and judgment in the
above-referenced cause.
Copies of the opinion and judgment are attached and can also be viewed on our Court's webpage at: http://www.txcourts.aov/2ndcoa.
Respectfully yours, DEBRA SPISAK, CLERK EXHI3JT-A
Court of Appeals Second District of Texas CHIEF JUSTICE CLERK tim curry criminal justice center TERR1E LIVINGSTON DEBRA SPISAK 401 w. belknap, suite 9000 fort worth, texas 76196-0211 JUSTICES CHIEF STAFF ATTORNEY LEE ANN DAUPH1NOT LISAM. WEST TEL: (817) 884-1900 ANNE GARDNER SUE WALKER GENERAL COUNSEL ' FAX: (817) 884-1932 BILL MEIER CLARISSA HODGES LEE GABRIEL www.txcourts.gov/2ndcoa BONNIE SUDDERTH
June 18, 2015 Tiffney Lynne McAdoo David (Scott) Wisch Judge, 372nd District Court TDCJ# 01996870 401 W Belknap Christina Melton Crain Unit Fort Worth, TX 76196-7119
1401 State School Road Gatesville, TX 76599-2999 * DELIVERED VIA E-MAIL * Criminal District Clerk, Tarrant County Hon. David L. Evans Regional Presiding Judge Tim Curry Criminal Justice Center Tim Curry Criminal Justice Center 401 W. Belknap, 3rd Floor 401 W. Belknap Fort Worth, TX 76196-0402 Fort Worth, TX 76196 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Roberta Walker 2363 Hwy. 287 N., Ste. 202 Debra A. Windsor Assistant District Attorney Mansfield, TX 76063 401 W. Belknap St. * DELIVERED VIA E-MAIL * Fort Worth, TX 76196-0201
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 02-15-00158-CR
Trial Court Case Number: 1247941R
Style:
v. Today the Second Court of Appeals issued an opinion and judgment in the
above-referenced cause.
Copies of the opinion and judgment are attached and can also be viewed on our
Court's webpage at: http://www.txcourts.gov/2ndcoa.
Respectfully yours, DEBRA SPISAK, CLERK *5 COURT OF APPEALS
SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-15-00157-CR
§ From the 372nd District Court
§ of Tarrant County (1247940R)
v. § June 18,2015
§ Opinion by Justice Walker § (nfp)
JUDGMENT This court has considered the record on appeal in this case and holds that the appeal should be dismissed. It is ordered that the appeal is dismissed.
SECOND DISTRICT COURT OF APPEALS By
Justice Sue Walker *6 COURT OF APPEALS
SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-15-00158-CR
§ From the 372nd District Court
§ of Tarrant County (1247941R) v- § June 18,2015
§ Opinion by Justice Walker
The State of Texas § (nfp)
JUDGMENT This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed.
SECOND DISTRICT COURT OF APPEALS By
Justice Sue Walker *7 COURT OF APPEALS
SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-15-00157-CR NO. 02-15-00158-CR TIFFNEY LYNNE MCADOO APPELLANT
V. THE STATE OF TEXAS STATE
FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NOS. 1247940R, 1247941R
MEMORANDUM OPINION1 Appellant Tiffney Lynne McAdoo committed two offenses of theft of $1,500 to $20,000 from an elderly person for which she was sentenced in each case to five years' confinement, probated for five years. She attempts to appeal from the judgments revoking her community supervision, sentencing her to thirty months' confinement in each case, and ordering the sentences to run concurrently. In
1See Tex. R. App. P. 47.4. *8 each case, McAdoo signed a waiver of her right to appeal the revocation of her community supervision. The trial court's certifications of her right to appeal state that each case "is a plea-bargain case, and the defendant has NO right of appeal" and that "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2).
On May 18, 2015, we notified McAdoo that these appeals may be dismissed based on the trial court's certifications unless she or any party desiring to continue the appeals filed a response on or before May 28, 2015, showing grounds for continuing the appeals. See Tex. R. App. P. 25.2(d), 44.3. McAdoo filed a response, but it does not show grounds for continuing the appeals.2
In accordance with the trial court's certifications, we therefore dismiss these appeals. See Tex. R. App. P. 25.2(d), 43.2(f).
SUE WALKER JUSTICE PANEL: WALKER, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 18,2015
2McAdoo complains of the restitution that she was ordered to pay and argues that the trial court "went on record stating [i]t would not seek restitution in these cases." McAdoo's waivers, however, state that she waived her right to have a court reporter make a record of the revocation proceedings.
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