Case Information

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FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/25/2015 5:53:50 PM CHRISTOPHER A. PRINE Clerk FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 2:17:00 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-11-01125-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 12:00:00 AM CHRISTOPHER PRINE CLERK

No. 01-11-01125-CR I N T HE C OURT OF A PPEALS

F OR T HE F IRST D ISTRICT OF T EXAS Elisa Merrill Wilson, appellant

The State of Texas, appellee Motion to Recall and Stay Mandate

TO THE FIRST COURT OF APPEALS:

Appellant, Elisa Merrill Wilson, files this motion to recall and stay

mandate pursuant to Rule 18.2 of the Texas Rule of Appellate Procedure,

and shows:

Appellant intends to file a petition for writ of certiorari in the United

States Supreme Court and therefore requests that this Court recall and stay

the mandate as allowed by Rule 18.2 which states, “In a criminal case, the

stay will last for no more than 90 days, to permit the timely filing of a

petition for writ of certiorari.” Tex. R. App. P. 18.2. Appellant’s petition for

discretionary review was denied by the Court of Criminal Appeals on

September 16, 2015 and therefore the deadline to file the petition for writ of

certiorari in the Units States Supreme Court is December 16, 2015.

WHEREFORE, appellant requests the Court to grant this motion and

recall and stay the mandate in this case until December 16, 2015.

Respectfully submitted,

/s/Timothy A. Hootman

Timothy A. Hootman, SBN 09965450

2402 Pease St

Houston, TX 77003

713.247.9548

713.583.9523 (f)

E-mail: thootman2000@yahoo.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of

Appellate Procedure, I have served the forgoing document upon the

following attorneys by personal mail, commercial delivery service, fax, or

electronic service:

John J. Harrity III

Assistant District Attorney

Fort Bend County

301 Jackson St, Rm 101

Richmond, TX 77469

Dated: October 25, 2015.

/s/Timothy A. Hootman

Timothy A. Hootman