1 APPEAL NO. 01

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- 00054 -CR

IN THE COURT OF APPEALS FOR THE

FIRST JUDICIAL DISTRICT OF TEXAS HOUSTON, TEXAS

ALPHONSON MALONE § APPELLANT §

VS. § §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM COUNTY CRIMINAL COURT AT L AW # 8 OF HARRIS COUNTY, TEXAS

TRIAL COURT NO. 1899612

MOTION FOR EXTENSION OF TIME TO

FILE APPELLANT'S MOTION FOR A REHEARING

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

NOW COMES, ALPHONSON MALONE

, Appellant in the above styled and

numbered cause, by and through h is attorney of record, GARY TABAKMAN , files

this Motion for Extension of Time to File Appellant’s Motion for a Rehearing of

30 Days in the above entitled and numbered cause. In support of this Motion,

Appellant will show as follows:

I.

The Court of Appeals for the First District of Texas rendered Opinion in this ACCEPTED
01-14-00054-CR
FIRST COURT OF APPEALS

HOUSTON, TEXAS
5/7/2015 2:51:38 PM
CHRISTOPHER PRINE

CLERK2 cause on April 23, 2015 . Per Tex. R. App. P. 49.1, Appellant may fi le a motion for

rehearing within fifteen days of the court’s judgment or order.

II.

In the past 20 days, counsel for Appellant has not had the time to prepare a

Motion for Rehearing due to the following reasons:

1. Counsel for Appellant was preparing and had a hearing on a Motion For

New Trial in the 174 th District Court in the State of Texas vs. Miguel

Gomez; Harris County Cause No. 1358720.

2. Counsel for Appellant was preparing for trial set on May 4, 2015 in the

State of Texas vs. Gary Kincannon; Montgomery County Cause

No.14

- 296632.

3. Counsel for Appellant had multiple day long court settings requiring

travel.

a. State of Texas vs. Kristine Noffsinger; Williamson Count y, Cause

No. 13

- 0793

- K277.

b. State of Texas vs. Jarrett Justice; Leon County, Cause No. CM

13

- 483.

III

.

Due to the above in formation, Counsel has not had adequate time to review3 the Opinion and prepare a Motion for Rehearing.

I V.

Appellant is requesting a twenty ( 30 ) day extension to file a Motion for

Rehearing

.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Malone prays that

the deadline for filing of Appellant’s Motion for Rehearing be extended for t hirty

( 3 0 ) days.

Respectfully submitted,

BY: GARY TABAKMAN Attorney for Appellant

712 Main St. Ste 2400 Houston, TX 77002 (713) 228

- 8500 (713) 228

- 0034 (Fax)

State Bar No. 24076065 Gary@BSDLawfirm.com4 CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned

counsel of record certifi es that the motion contains 541 words.

GARY TABAKMAN

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion

for Extension of Time to File Appellant’s Motion for Rehearing was served via e

- mail

delivery through eFile.TXCourts.gov to the Assistant District Attorney, Harris County

Distr ict Attorney’s Office

, on May 7, 2015

.

GARY TABAKMAN5 NO. 01

- 14

- 00054

- CR

ALPHONSON MALONE, § IN THE COURT OF APPEALS Appellant §

VS. § IN HOUSTON , TEXAS § THE STATE OF TEXAS, § 1 st JUDICIAL DISTRICT Appellee

ORDER

On this the _____ day of _______________, 201 5 , came on to be heard the

Appellant's Motion for Extension of Time to File Motion for Rehearing and the Court

is of the opinion that this Motion should be:

GRANTED, and the deadline for filing the Appellant's brief in No.

01

- 14

- 00054

- CR is extended to _______________ _____, 20 1 5

.

DENIED, to which action of the Court the Appellant objects.

SIGNED this the _____ day of _______________, 20 1 5

.

________________ __________________ JUSTICE PRESIDING