FILED IN Dn n/nQ -, r- PD-0438-15

# CdURTOF CRIMINAL APPEALS •^•L' -U4JO-±b COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Julv 1*5 201*5 Transmitted 7/13/2015 12:21:04 PM ouiy io, ^uio Accepted 7/15/2015 3:19:56 PM

IE COURT OF CRIMINAL APPEALS ABEL ACOSTA

ABELACOSTA, CLERK CLERK

ROCHELLE SCHELLING § APPEALED FROM THE

Appellant COURT OF APPEALS, 6th DISTRICT

V. § CCA NO. PD-0438-15 6nynW U1^ ^

CASENO. 06-14-00173-CR i .AfltN^T

TRIAL COURT NO. 43049-B 0^3 \ \^C

THE STATE OF TEXAS "] 1\ 5 1W

Appellee § STATE OF TEXAS '

FIFTH MOTION FOR EXTENSION OF TIME

TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF APPEALS:

NOW COMES, ROCHELLE SCHELLING, the Appellant herein, and moves the Court

for an extension oftime to file Appellant's Petition for Discretionary Review in this cause,

pursuant to Rules 38.6 and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support

thereof would show the Court as follows:

I.

The Appellant in this cause was convicted in the 124th District Court of Gregg County,

Texas in cause number 43049-B for the offense ofTheft of Property.

II.

The Court of Appeals' opinion on remand was delivered on March 17, 2015. Appellant's

Petition for Discretionary Review is due on or about July 16, 2015.

III.

The Appellant hereby requests a second extension of time to file Appellant's Petition for

Discretionary Review.

The undersigned counsel has been unable to devote sufficient time to the review ofthe

record, research and preparation of Appellant's Petition for Discretionary Review for the
following good and sufficient reasons:

This counsel's illness continues and he is still under a doctor's care.

In addition to the above-listed matter, the undersigned counsel has been involved with a

very busy trial and appellate schedule and is involved in numerous other felony

and misdemeanor cases at various stages of litigation.

WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of

Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant's

Petition for Discretionary in this cause for an additional one week, to July 23, 2015.

RESPECTFULLY SUBMITTED,

/s/Clement Dunn

Attorney for Appellant

140 E. Tyler Street, Suite 240

Longview, TX 75601

(903) 753-7071 Fax (903) 753-8783

State Bar # 06249300
CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of

the above and foregoing document was this date provided to the Attorney for the State.

Date: 07-13-15

/s/ Clement Dunn

Attorney for Appellant
IN THE COURT OF CRIMINAL APPEALS

ROCHELLE SCHELLING § APPEALED FROM THE

Appellant COURT OF APPEALS, 6th DISTRICT

V. § CCA NO. PD-0438-15

CASE NO. 06-14-00173-CR

TRIAL COURT NO. 43049-B

THE STATE OF TEXAS

Appellee § STATE OF TEXAS

ORDER

BE IT REMEMBERED, that on the day of , 20 , came

on to be considered the above and foregoing Fifth Motion for Extension ofTime to File

Appellant's Petition for Discretionary Review. After consideration ofthe same, it is the opinion

of the Court that Appellant's Motion be:

( ) GRANTED, and the present cause is hereby extended until ___,

20 .

( ) DENIED, to which ruling the Appellant excepts.

( ) SET FOR HEARING ON THE day of , 20 , at

o'clock .

SIGNED:

JUDGE PRESIDING