Sublet, Waris Nadir ( 2015 )

PD-0244-15
PD-0244-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/2/2015 4:16:15 PM
Accepted 3/6/2015 10:12:20 AM
No. _______________ ABEL ACOSTA
CLERK
In the
Court of Criminal Appeals
Austin, Texas
----•---
March 6, 2015 WARIS SUBLET
Appellant
v.
THE STATE OF TEXAS
Appellee
APPELANT'S MOTION TO EXTEND TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW
Review Sought from the 1st Court of Appeals
NO. 01-14-00182-CR
On appeal from Cause Number 1 3 7 8 7 4 2 262nd District
Court Of Harris County, Texas
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Appellant, pursuant to TEX. R. APP. P. 10.1, 10.5(b), 68.2 (c) and 38.6(d), moves
for an extension of time within which to file its petition for discretionary review. In
support of his motion, the appellant submits the following:
1. Appellant was charged with the offense of Aggravated Assault with a Deadly
Weapon.
2. Appellant's punishment was assessed at thirty years in the Institutional
Division of the Texas Department of Criminal Justice (TDCJ).
3. Appellant filed notice of appeal on February 19, 2014.
4. Appellant's appeal was heard by the First Court of Appeals in Cause
Number 01-14-00182-CR Waris Nadir Sublet v. The State of Texas
5. On January 29, 2015, the First Court of Appeals entered a judgment
affirming the judgment(s) of the trial court.
6. Appellant's Petition for Discretionary Review is due March 2, 2015.
7. Appellant seeks an extension until April 2, 2015, to file its Petition for
Discretionary Review.
8. This is appellant's first request for an extension to file its Petition for
Discretionary Review in this case.
9. The following facts are relied upon to show good cause for the requested
extension:
Trial counsel is managing a heavy criminal caseload and is unable
to file her Petition for Discretionary Review without the benefit of an
extension.
8. The Appellant's motion is not for purposes of delay, but so that
justice may be done.
WHEREFORE, Appellant prays that this Court will grant the requested extension.
Respectfully submitted,
/s/ Keisha L. Smith
KEISHA L. SMITH
Attorney for Appellant
708 Main Suite 790
Houston, Texas 77002
(713) 222-0733 (telephone)
(713) 222-0995 (fax)
State Bar No. 24029841
Attorney for the Appellant
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CERTIFICATE OF SERVICE
I hereby certify, by affixing my signature below, that a true and correct copy of
the foregoing Motion /or Extension of Time to file Petition for Discretionary Review, was
served by electronic mail to Alan Curry, Assistant Criminal District Attorney for Harris
County Texas 1201 Franklin Suite 600 Houston, Texas 77002, and Lisa McMinn, State
Prosecuting Attorney, P.O. Box P.O. Box 1304 Capitol Station Austin, Texas 78711, on
this day March 2, 2015.
/s/ Keisha L. Smith
KEISHA L. SMITH
Attorney for Appellant
708 Main Suite 790
Houston, Texas 77002
(713) 222-0733 (telephone)
(713) 222-0995 (fax)
State Bar No. 24029841
Attorney for the Appellant
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