Combest, John Elsworth ( 2015 )


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  •                                                                                           PD-0379-15
    PD-0379-15                             COURT OF CRIMINAL APPEALS
    AUSTIN, TEXAS
    April 2, 2015                                                         Transmitted 4/2/2015 1:53:55 PM
    Accepted 4/2/2015 2:03:47 PM
    IN THE COURT OF CRIMINAL               APPEALS                    ABEL ACOSTA
    CLERK
    OF THE STATE OF TEXAS
    PD-___________________
    JOHN ELSWORTH COMBEST                        §
    Appellant                                    §                On Petition for Review of
    v.                                           §                No. 01-13-00712-CR
    §                Court of Appeals
    §                First District of Texas
    THE STATE OF TEXAS                           §
    Appellee
    PETITIONER/APPELLANT’S MOTION TO EXTEND TIME
    TO FILE PETITION FOR DISCRETIONARY REVIEW
    Petitioner/Appellant Charles Henry Jones, moves for an extension of time to
    file his petition for discretionary review, under TEX. R. APP. P. 10.5(b).
    I. LOWER COURT PROCEEDINGS
    Judgment in this case was entered on July 31, 2013. The court of appeals
    affirmed on February 26, 2015. No motion for rehearing was filed.
    II. PROCEEDINGS IN THIS COURT
    Mr. Combest’s petition was due on March 30, 2015. No previous extensions
    have been requested.
    III. REASONS FOR REQUEST
    Since the court of appeals handed down its judgment, counsel has filed a brief
    in Reginald Hill v. State, Cause No. 14-14-00376-CR; a petition for discretionary review
    in Charles Henry Jones v. State, cause NO. PD-0174-15; and a petition for discretionary
    review in Michael Jermaine Williams v. State, Cause No. PD-0096-15. Counsel also is
    working to complete a brief in In re M.I.S., Cause No. 01-14-00684-CV; a brief in
    Nomathemba Y. Sitawisha v. State, Cause No. 01-14-00848-CR; and a brief in Christopher
    Rashad Frazier v. State, Cause No. 14-15-00118-CR.
    III. FILING OF MOTION
    In the exercise of due diligence, counsel could not complete Mr. Combest’s
    petition by the deadline. This motion is not filed for purposes of delay, but so justice
    may be done.
    PRAYER
    Mr. Combest respectfully requests that this motion be granted and that the
    Court permit an extension of time until May 1, 2015, to file his petition for
    discretionary review.
    Respectfully submitted,
    ALEXANDER BUNIN
    Chief Public Defender
    Harris County Texas
    /s/ Cheri Duncan
    ______________________________
    CHERI DUNCAN
    Assistant Public Defender
    Harris County Texas
    State Bar No. 06210500
    1201 Franklin, 13th Floor
    Houston Texas 77002
    (713) 368-0016
    2
    (713) 368-9278 (Fax)
    cheri.duncan@pdo.hctx.net
    Attorney for Petitioner/Appellant,
    CHARLES HENRY JONES
    CERTIFICATE OF SERVICE
    I certify that a copy of Appellant’s Motion to Extend Time to File Petition was
    served on the State of Texas by electronic delivery to the Appellate Division of the
    Harris County District Attorney’s Office and the State Prosecuting Attorney, April 2,
    2015.
    /s/ Cheri Duncan
    _________________________
    CHERI DUNCAN
    3
    

Document Info

Docket Number: PD-0379-15

Filed Date: 4/2/2015

Precedential Status: Precedential

Modified Date: 9/29/2016