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No. ____________________ 

(Court of Appeals No. 02-14-00313-CR 

_________________ 

IN THE COURT 

 OF CRIMINAL APPEALS OF TEXAS 

AT AUSTIN, TEXAS 

__________________ 

ROBERT O’BRYAN, 

 Petitioner, 

v. 

THE STATE OF TEXAS, 

 Respondent, 

___________________ 

ON PETITION FOR DISCRETIONARY REVIEW 

___________________ 

FROM THE SECOND DISTRICT 

COURT OF APPEALS 

____________________ 

ARISING IN COUNTY CRIMINAL COURT NUMBER ONE 

 DENTON COUNTY, TEXAS 

(Trial Court No. CR-2013-08057-A) 

___________________ 

 

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME 

TO FILE PETITION FOR DISCRETIONARY REVIEW 

____________________ 

 

TO THE HONORABLE PRESIDING JUDGE AND ASSOCIATE 

JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS: 

PD-0834-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/3/2015 4:03:20 PM

Accepted 7/7/2015 2:36:03 PM

ABEL ACOSTA

CLERK
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COMES NOW Robert O’Bryan, Appellant and Petitioner in the above 

captioned and numbered appeal, and, pursuant to Rules 9, 10 and 68.2(c) of 

the Texas Rules of Appellate Procedure, files this First Motion for Extension 

of Time to File Petition for Discretionary Review, and in this connection 

would respectfully show unto the Court as follows: 

I. 

 The judgment of the Second Court of Appeals from which review will 

be sought in the Court of Criminal Appeals was rendered on May 28, 2015. 

The Appellant’s petition for discretionary review was therefore due to be 

filed in the Court of Criminal Appeals on Monday, June 29, 2015. 

Tex.R.App.P. 68.2(a). The present motion for an extension of time to file 

Appellant’s petition for discretionary review, as tendered and 

contemporaneously submitted to the Court, is therefore timely. Tex.R.App.P. 

68.2(c). 

II. 

 Due to the unexpected and sudden necessity of undersigned Counsel 

being required to relocate his law office, which occurred during the time 

otherwise available for the filing of Appellant’s petition in this case; along 

with counsel’s other intervening obligations in pending criminal cases; 

Appellant’s Counsel was not able to complete and timely file Appellant’s 
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petition for discretionary review in this case within thirty (30) days, on or 

before June 29, 2015. 

III. 

The Appellant therefore moves the Court of Criminal Appeals to 

extend the time for filing Appellant’s petition for discretionary review in this 

case, and to permit the filing of same as tendered herewith, and attached as 

an Exhibit to this motion. The Appellant, who was placed on community 

supervision as the result of his negotiated plea in this case, is not confined, 

and remains at liberty on bond. 

PRAYER 

WHEREFORE, PREMISES CONSIDERED, the Appellant prays this

First Motion for an Extension of Time to File Appellant’s Petition for 

Discretionary Review will be granted. 

                                                                              Respectfully submitted, 

/s/Richard Gladden 

Richard Gladden 

 Texas Bar No. 07991330 

1200 West University, Suite 100 

Denton, Texas 76201 

 940/ 323-9307 (voice) 

 940/539-0093 (fax) 

 richscot1@hotmail.com (email) 

 Attorney for Petitioner 
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CERTIFICATE OF SERVICE 

This is to certify that a true and correct copy of the foregoing motion 

was served by hand delivery on the Attorneys of Record for the State of 

Texas, Denton County Criminal District Attorney Paul Johnson, at his 

office located at 1450 East McKinney, Denton, Texas 76201, on this 6th day 

of July, 2015; by U.S. mail on the State Prosecuting Attorney, Lisa C. 

McMinn, directed to her office mailing address, to wit: P.O. Box 13046, 

Capitol Station, Austin, Texas 78711, on this 6th day of July, 2015; and on 

both of the foregoing counsel, on the same date, using the electronic filing 

system operated by TexFile; all in accordance with Rules 9.5 and 68.11 of 

the Texas Rules of Appellate Procedure. 

/s/Richard Gladden 

Richard Gladden