No. 06-15-00131-CR

THE STATE OF TEXAS § IN THE SIXTH 

 §

VS. § COURT OF APPEALS

 §

MELISSA POOL § SITTING IN TEXARKANA, TX

SECOND MOTION FOR EXTENTION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

MELISSA POOL, Appellant, moves for an extension of THIRTY (30) days in which to 

file Appellant’s Brief, pursuant to Tex. R. App. P. 10.5(b), 38.6(d) and shows: 

I.

Appellant was convicted on June 30, 2015 and sentenced to 30 days in jail in the County 

Court at Law No. 2 of McLennan in the STATE vs. MELISSA POOL, Cause No. 2015-0550-

CR2, and is currently on bond during the pendency of this appeal. Defendant represented herself 

at trial pro se. Lead counsel for the state was Aubrey Robertson. Appellant’s brief was originally 

due on November 4, 2015, but an extension was granted for twenty-one (21) days so that the 

current deadline is November 25, 2015.

The undersigned counsel has had insufficient time to finish the work on this appeal due to 

a full case load in the practice of trial law and an outstanding court reporter’s transcript.

Appellate counsel originally received the trial transcripts on October 20, 2015. In the mid 

November, Court Reporter Kathy McDaniel notified appellate counsel that there was one 

additional pretrial transcript that needed to be transcribed. Appellate counsel followed up most 

recently on November 24, 2015, and the court reporter estimates needing an additional two 

weeks to complete this transcript. One possible issue on appeal is whether Defendant knowingly 

and voluntarily waived her right to counsel, and this transcript covers one of the pretrial hearings 

that would contain relevant information on that issue. Thus more time is needed to obtain the 

remaining transcript, and adequately research and write the brief, so that the Appellant has fair 

and effective representation on appeal. Therefore, counsel requests another THIRTY (30) days in 

which to file the appellate brief.

Further, in response to this Court’s local rules and its opinion regarding the most recent 

request for extension, appellate counsel has been or expects to be involved in the following trials 

and court appearances since receiving the partial trial transcript, continuing through the proposed 

extended deadline:

ACCEPTED

06-15-00131-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

11/24/2015 2:49:31 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 11/24/2015 2:49:31 PM DEBBIE AUTREY Clerk
 October 13, 2015 – State v. Eishmael Ashford – cause no. 38230, 2 day trial, 

completed October 14, 2015

 November 16, 2015 – State v. Julio Velasquez – cause no. CR 14977, 2 day trial

which was completed on November 17, 2015.

 December 1, 2015 – State v. Jennifer Rousey – cause no. 2014-0534-C1, 2 day 

trial, if reached

 December 7, 2015 – State v. Anthony Paschall (2015-1177-C2, 2 days if reached), 

State v. Juan Gonzales (2015-0650-C2, 3 days if reached), State v. Timothy 

Palladino (2015-1176-C2, 2 days if reached), State v. Jimmy Hubbard (2015-

2338-CR2, 2 days, priority setting)

 December 14, 2015 – State v. Alejandro Bernal (2015-0780-C2, 2 days if 

reached), State v. Kevin Jordan (2015-2045-C2, 2015-1146-C2, 2015-1317-C2, 2-

5 days if reached, depending on which case is tried), State v. Victorio Flores 

(2015-1223-C2, 4-5 days if reached)

 Appellate counsel will be on vacation during the following times:

o November 25-November 29 2015

o December 24-December 27 2015

o Appellate counsel’s father-in-law was given an expected 30-90 days to 

live on November 10, 2015, and if deceases before the appeal deadline, 

that situation would require additional vacation time in the form of the 

funeral trip and of probate proceedings, the latter of which will be required 

expediently (and which are being handled entirely by appellate counsel) to 

complete a pending house sale.

 Appellate counsel has taken three vacation days in regards to the 

above situation in the last two weeks, and will take other as-yetunplanned vacation days, likely an additional 4-5 vacation days 

before the expiration of the proposed deadline.

II.

The additional time request is not sought solely for delay, nor sought frivolously, but will 

be of genuine assistance to Appellant’s attorney in preparing Appellant’s brief. This is the first 

extension sought.

III.
The undersigned attorney spoke with the attorney for the State on appeal, Gabriel Price,

on November 24, 2015 and he does not oppose this Motion.

WHEREFORE, Appellant prays that the Court grant this Motion and modify and extend 

the deadline for filing Appellant’s brief to December 28, 2015.

Respectfully submitted,

_______/s/ Christopher L King____________________

Christopher L King

State Bar No. 24088864

One Liberty Place

100 N. 6th Street, Suite 902

Waco, Texas 76701

Phone (254) 717-8600

Fax (254) 313-3200

CERTIFICATE OF CONFERENCE

The undersigned attorney spoke with the attorney for the State on appeal, Gabriel Price, 

and he does not oppose this Motion. 

_______/s/ Christopher L King____________________

Christopher L King

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing document has been sent 

via Electronic Mail to Abel Reyna, Criminal District Attorney for McLennan County, on 

November 24, 2015. 

_______/s/ Christopher L King____________________

Christopher L King

State Bar No. 24088864

One Liberty Place

100 N. 6th Street, Suite 902

Waco, Texas 76701

Phone (254) 717-8600

Fax (254) 313-3200