Page, Jovan Nathaniel ( 2017 )

PD-1347-17
PD-1347-17 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/15/2017 3:16 PM
Accepted 12/19/2017 2:14 PM
NO. 02-17-00019-CR DEANA WILLIAMSON
CLERK
JOVAN NATHANIEL PAGE § IN THE TEXAS COURT
FILED
§ COURT OF CRIMINAL APPEALS
vs. § OF 12/19/2017
CRIMINAL APPEALS
§ DEANA WILLIAMSON, CLERK
THE STATE OF TEXAS § AUSTIN, TEXAS
MOTION TO EXTEND TIME FOR FILING
PETITION FOR DISCRETIONARY REVIEW
COMES NOW JOVAN NATHANIEL PAGE, Appellant in the above-styled and
numbered cause, and pursuant to Rule 13, Rules of the Court of Criminal Appeals, Tex.
Code Crim. Proc. Ann., Article 44.33 (Supp. 1977) and Rules 74 and 75 of the Texas Rules
of Appellate Procedure submits this Motion requesting that the Appellant be granted thirty
(30) days in which to file Appellant’s Petition for Discretionary Review in the above-styled
and numbered cause, and in support thereof would respectfully show this Honorable Court
the following:
I.
In the case styled The State of Texas v. JOVAN NATHANIEL PAGE, Cause No.
1414949D, in the Criminal District Court Number Three, Tarrant County, Texas, the
Appellant, JOVAN NATHANIEL PAGE, was found guilty by a jury of Murder. (CR Vol. 1,
pp. 148-149) Appellant was sentenced to fifty-five (55) years in the Institutional Division
of the Texas Department of Criminal Justice (CR Vol. I, pp. 148-149).
The Appellant filed his Brief on June 9th, 2017.
The Appellant’s Motion for Rehearing was filed with the Court of Appeals for the
Second District Court of Texas on November 8, 2017. Said Motion was overruled on
November 16, 2017.
MOTION TO EXTEND TIME FOR FILING
PETITION FOR DISCRETIONARY REVIEW Page 1 of 6
Pursuant to the Texas Rules of Appellate Procedure, Rule 74(k), the Appellant’s
Petition for Discretionary Review is due to be filed on or about December 15, 2017, with
no previous extensions of time having been granted for either party in this case.
II.
Despite the best efforts of Appellant’s counsel to examine all the records and file the
Appellant’s Petition for Discretionary Review, counsel will be unable to do so.
III.
Appellant’s attorney of record would further show that he began a Capital Murder
(waiver) trial on November 9, 2017, before The Honorable Scott Wisch, 372nd Judicial
District Court, Tarrant County, Texas, in the matter of Cause No. 1517479R, The State of
Texas v. Tevin Wilson. Appellant’s attorney had spent considerable time preparing for said
Capital Murder trial during the weeks preceding. Said trial concluded November 16, 2017.
IV.
Appellant’s attorney of record would further show that he was to begin a trial the
week of December 6, 2017 before the Honorable Mollee Westfall, 371st Judicial District
Court, Tarrant County, Texas, in the matter of Cause No. 1458694, The State of Texas v.
Kenneth Dean Martin. Said trial was postponed on December 5, 2017.
V.
Appellant’s attorney of record would also show that he just recently completed, and
filed, a brief to the United States Court of Appeals, for the Fifth Circuit, in the matter of The
United States of America v. JESUS GERARDO LEDEZMA-CEPEDA; No. 16-11731 in
which the Appellant received a life sentence. The record for said brief consisted of twelve
MOTION TO EXTEND TIME FOR FILING
PETITION FOR DISCRETIONARY REVIEW Page 2 of 6
(12) volumes of more than three thousand (3,000) pages, and the Government’s Exhibits
consist of ten (10) volumes and more than three thousand (3,000) pages, as well.
VI.
To deny this request for a thirty (30) day extension would deprive this Appellant of
his right to appeal as guaranteed by Tex. Code Crim. Proc. Ann., Article 44.02; deprive him
of equal protection of the law as guaranteed by Article 1, § 3 of the Texas Constitution, and
U.S. Constitution, Amendments V and XIV; deprive him of his right to counsel as
guaranteed by the Texas Constitution, Article 1, § 10 and U.S. Constitution, Amendments
VI and XIV; and deprive him of his right to “due process of law” guaranteed by the Texas
Constitution, Article 1, § 19 and U.S. Constitution Am endments V and XIV.
VII.
The Appellant has been diligent in pursuing this appeal and is not seeking this
extension for purposes of delay only.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that his Motion be
granted and the time for filing Appellant’s Petition for Discretionary Review be extended
to January 15, 2018.
MOTION TO EXTEND TIME FOR FILING
PETITION FOR DISCRETIONARY REVIEW Page 3 of 6
Respectfully submitted,
/S/ J. Warren St. John
J. WARREN ST. JOHN
State Bar No. 18986300
2020 Burnett Plaza
801 Cherry Street, Unit. No. 5
Fort Worth, Texas 76102
Telephone: 817/336-1436
Fax: 817/336-1429
E-mail: jwlawyer1896@yahoo.com
ATTORNEY FOR APPELLANT
MOTION TO EXTEND TIME FOR FILING
PETITION FOR DISCRETIONARY REVIEW Page 4 of 6
CERTIFICATE OF CONFERENCE
This is to certify that on Friday, December 15, 2017, my legal assistant attempted
to speak with the Assistant Criminal District Attorney’s office, in order to determine whether
Ms. Windsor would oppose the granting of Appellant’s Motion for Extension of Time to File
Petition for Discretionary Review. Ms. Windsor was unavailable.
/S/ J. Warren St. John
J. WARREN ST. JOHN
MOTION TO EXTEND TIME FOR FILING
PETITION FOR DISCRETIONARY REVIEW Page 5 of 6
CERTIFICATE OF SERVICE
I hereby certify that on this Friday, December 15, 2017, a true and correct copy of
the above and foregoing Motion for Extension of Time to File Petition for Discretionary
Review has been delivered or caused to be delivered to:
Ms. Debra Windsor
Assistant Criminal District Attorney
Tim Curry Criminal Justice Center
401 W. Belknap Street
Fort Worth, Texas 76196
State Prosecuting Attorney
202 Price Daniel, Sr. Bldg.
209 W. 14th Street
P.O. Box 12405
Capitol Station
Austin, Texas 78711
/S/ J. Warren St. John
J. WARREN ST. JOHN
MOTION TO EXTEND TIME FOR FILING
PETITION FOR DISCRETIONARY REVIEW Page 6 of 6