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APPEAL NO. 01-14-00054-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 LAW # 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 his 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/7/2015 2:51:38 PM CHRISTOPHER A. PRINE Clerk
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cause on April 23, 2015. Per Tex. R. App. P. 49.1, Appellant may file 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 174th 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 County, Cause 

No. 13-0793-K277.

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

13-483.

III.

Due to the above information, Counsel has not had adequate time to review 
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the Opinion and prepare a Motion for Rehearing. 

IV.

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 thirty 

(30) 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.com
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CERTIFICATE OF COMPLIANCE

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

counsel of record certifies 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 

District Attorney’s Office, on May 7, 2015.

GARY TABAKMAN
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NO. 01-14-00054-CR

 

ALPHONSON MALONE, § IN THE COURT OF APPEALS

 Appellant §

VS. § IN HOUSTON, TEXAS 

§

THE STATE OF TEXAS, § 1st JUDICIAL DISTRICT

 Appellee

ORDER

On this the _____ day of _______________, 2015, 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 _______________ _____, 2015.

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

SIGNED this the _____ day of _______________, 2015.

__________________________________

JUSTICE PRESIDING