Njoku, Christopher ( 2015 )

PD-1643-15
PD-1643-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/18/2015 10:54:55 AM
Accepted 12/19/2015 10:12:28 AM
ABEL ACOSTA
No. ______________________ CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CHRISTOPHER NJOKU,
Petitioner–Appellant
v.
THE STATE OF TEXAS,
Respondent–Appellee
Petition for Discretionary Review
from the Fifth District Court of Appeals at Dallas
Cause No. 05-14-01201-CR
Appeal from County Criminal Court No. 9
of Dallas County, Texas
Cause No. MA13-16684-K
MOTION FOR EXTENSION OF TIME
TO FILE A PETITION FOR DISCRETIONARY REVIEW
Christopher Njoku, Appellant below, respectfully submits this Motion for
an Extension of Time to File a Petition for Discretionary Review in the above–
styled and numbered cause. In support of this Motion, he shows this Honorable
Court the following:
December 18, 2015
I.
A jury convicted Appellant for resisting arrest. The court sentenced him to
90 days’ confinement in the county jail, but probated the sentence and placed him
on community supervision for a period of six months.
II.
The Court of Appeals affirmed the trial court’s judgment in a memorandum
opinion and judgment filed on November 18, 2015. Njoku v. State of Texas, No.
05-14-01201-CR, 2015 Tex. App. LEXIS 11841 (Tex. App.—Dallas Nov. 18,
2015). Appellant did not file a motion for rehearing. Appellant’s petition for
discretionary review is due on December 18, 2015. See Tex. R. App. P. 68.2(a);
see also Tex. R. App. P. 4.1(a). Any motion for extension of time to file a petition
for discretionary review is due on January 2, 2016 . See Tex. R. App. P. 68.2(c);
Tex. R. App. P. 4.1(a).
III.
The facts relied upon to show good cause for this requested extension are as
follows:
1. Appellant was represented by court appointed counsel during appeal of
this case to the Court of Appeals.
2. It is undetermined at this time whether Appellant will proceed pro se for
purposes of filing a Petition for Discretionary Review. Additional time is
needed for consultation between appellate counsel and Appellant on this
issue.
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3. If Appellant proceeds pro se, then additional time will be needed to
prepare and file the Petition pro se or to seek other legal assistance in
filing the Petition.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully
requests that this Honorable Court extend the time for filing a Petition for
Discretionary Review for thirty days.
Respectfully submitted,
Lynn Richardson
Chief Public Defender
Dallas County
Katherine A. Drew
Chief, Appellate Division
Dallas County Public Defender’s Office
/s/ Julie Woods
Julie Woods
Assistant Public Defender
Dallas County Public Defender’s Office
State Bar Number: 24046173
133 N. Riverfront Blvd., LB 2
Dallas, Texas 75207
(214) 653-3550 (telephone)
(214) 653-3539 (fax)
Julie.Woods@dallascounty.org
Attorneys for Petitioner
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CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing Motion for Extension of Time to
File a Petition For Discretionary Review was served on Larissa Roeder, counsel for
the State, Dallas County District Attorney’s Office, 133 N. Riverfront Blvd., LB-
19, 10th Floor, Dallas, Texas 75207, by eServe on December 18, 2015.
I further certify that a true copy of the foregoing Motion for Extension of
Time to File a Petition For Discretionary Review was served on Lisa C. McMinn,
the State’s Prosecuting Attorney, P.O. Box 13046, Capitol Station, Austin, Texas
78711, by eServe on December 18, 2015.
/s/ Julie Woods
Julie Woods
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