Case Information
*1 PD-1641-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/18/2015 9:21:22 AM Accepted 12/19/2015 9:47:33 AM ABEL ACOSTA No. ___________ CLERK In the
Texas Court of Criminal Appeals at Austin
♦
No. 01-11-00572-CR In the Court of Appeals for the First District of Texas
at Houston
♦ BRADLEY RAY MCCLINTOCK Appellant
V. THE STATE OF TEXAS Appellee
♦ STATE’S MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF ON DISCRETIONARY REVIEW
♦
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, pursuant to 68.2(c) moves for an extension of time within which to file its petition for discretionary review. In support of its motion, the State submits the following: The State indicted appellant for felony possession of marijuana. The trial court denied appellant’s motion to suppress before he
entered a plea of guilty to the lesser state jail felony offense of possession of marijuana in exchange for three years deferred adjudication and assessed a $300 fine.
3. Appellant timely filed a notice of appeal.
4. After a reversal in the court of appeals and a remand back to
the court of appeals from this Court, the First Court of Appeals issued a published opinion reversing the trial court’s judgment yet again on November 5, 2015. The State’s brief on discretionary review was due December 7,
2015. The State seeks an extension until today, December 18, 2015, to
file its petition for discretionary view. 7. The following facts are relied upon to show good cause for the
requested extension: The undersigned attorney has filed three briefs in the last
a. 30 days and has five more briefs due in the next 30 days. Yesterday, the undersigned attorney inadvertently e-filed
b. this extension and PDR in folder for the First Court of Appeals. The rejection is attached to this motion. The State’s motion is not for purposes of delay, but so that
c. justice may be done.
WHEREFORE, the State prays that this Court will grant the requested extension until December 18, 2015.
Respectfully submitted,
*3 CERTIFICATE OF SERVICE Pursuant to 9.5, this certifies that on December 18, 2015, a copy of the foregoing was emailed through TexFile to the following emails:
Norman J. Silverman
Attorney at Law
Email: lawyernorm@msn.com
Lisa C. McMinn
State Prosecuting Attorney
Email: Lisa.McMinn@SPA.texas.gov
*4 From: No-Reply@eFileTexas.gov To: Holloway, Bridget Subject: eFileTexas.gov – Filing Returned - 8294106 Date: Friday, December 18, 2015 7:46:16 AM
Filing Returned Envelope Number: 8294106 The filing below has been reviewed and has been returned for further action. Please refile with the corrections outlined below. The clerk’s office has the right to preserve the original submission date for the file stamp when the corrections are made in a timely manner.
Return Reason(s) from Clerk's Office Reject Reason Other
Rejected - This motion for extension to file petition for discretinary review must be e-filed with the Court of Criminal Appeals as well as your PDR. If you have any Return Comment
questions or concerns please feel free to contact our office 713.274.2700. Thank you for e-filing.
Document Details
Court Courts of Appeals
Bradley Ray McClintock vs. The State of Texas Case Style Date/Time Submitted 12/17/2015 6:42:52 PM
Filing Type: Motion
Activity Requested: EFileAndServe
Bridget Holloway Filed By:
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