Johnson, Jimmie ( 2015 )

PD-1631-14&PD-1632-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/27/2015 10:41:31 PM
No. PD-1631-14 & PD-1632-14 Accepted 5/28/2015 3:37:11 PM
ABEL ACOSTA
^S==BSHB!H===H CLERK
In The
Court of Criminal Appeals
At Austin
JIMMIE JOHNSON,
Appellant
v.
The State of Texas
Appellee
Cause numbers 1346765 & 1366083
In the 338th Judicial District Court
Of Harris County, Texas
Cause numbers 01-13-01056-CR & 01-13-01057-CR
In the Court of Appeals for the First Judicial District
Appellant's Motion to Recall Mandate and to file
Petition for Discretionary Review
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
JIMMIE JOHNSON, the appellant moves this Court to recall the mandate issued
by the First Court of Appeals and file his petition for discretionary review. In support of
his motion, the appellant submits the following: FILED IN
COURT OF CRIMINALAPPEALS
May 28, 2015
ABEL ACOSTA, CLERK
(A) The appellant's Petition for Discretionary Review was due in this Court on
January 14, 2015. The First Court of Appeals issued mandate on February
27,2015.
(B) The appellant sought an extension of time until March 4, 2015, to file the
appellant's petition for discretionary review. The motion requested
additional time based on counsel's illness and hospitalization that
incapacitated counsel and rendered it impossible for her to timely file the
petition. This Court received the petition but denied the motion for an
extension of time and did not file the petition.
(C) Because counsel fell ill and was unable to timely the appellant's petition,
the appellant has been denied the opportunity to have this Court consider
his petition for discretionary review. The appellant should not be
prejudiced due to counsel's illness.
(D) Based on the foregoing, the undersigned counsel requests this Court recall
the mandate issued by the First Court of Appeals and file the previously
received Petition for Discretionary Review.
WHEREFORE, the appellant prays that this Court will Recall Mandate and file
Petition for Discretionary Review.
Respectfully submitted,
/s/ Kelly Smith
Kelly Ann Smith
Certificate of Compliance & Service
Pursuant to TEX. R. APP. P. 9.5, this certifies that this document contains 290
words and a copy of the foregoing was electronically served on the State of Texas.
/s/ Kelly Smith
Kelly Ann Smith
Texas Bar No. 00797867
P.O. Box 10751
Houston, TX 77206
281-734-0668
Kelly.A.Smith.06@gmail.com
Counselfor the appellant