Jones, Charles Henry ( 2015 )

PD-0174-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
March 25, 2015 Transmitted 3/24/2015 7:18:55 PM
Accepted 3/25/2015 2:55:56 PM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
OF THE STATE OF TEXAS
PD-0174-15
CHARLES HENRY JONES, §
Appellant § On Petition for Review of
v. § No. 01-13-00984-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 October 29, 2013. The court of appeals
affirmed on January 13, 2015. No motion for rehearing was filed.
II. PROCEEDINGS IN THIS COURT
Mr. Jones’s petition was due on March 16, 2015. One previous extension has
been requested. The petition and appendix were filed today, March 24, 2015.
III. REASONS FOR REQUEST
Since the first extension in this case, counsel has been working diligently to
catch up on her docket after missing nearly a month of work due to recurrent medical
problems and multiple doctors’ appointments and tests. Counsel has reassigned some
of her cases to other attorneys in the office, and has completed and filed a brief in the
case of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR, which was subject to
abatement. Counsel also is working to complete a petition for discretionary review in
Michael Jermaine Williams v. State, PD-0096-15, which was due today and will be filed
tomorrow, March 25, 2015. Counsel also has deadlines in the next three weeks for the
following: petition for discretionary review in John Elsworth Combest v. State, Cause No.
01-13-00712-CR; brief in In re M.I.S., Cause No. 01-14-00684-CV, and brief in
Nomathemba Y. Sitawisha v. State, Cause No. 01-14-00848-CR.
IV. FILING OF MOTION
In the exercise of due diligence, counsel could not complete Mr. Jones’s
petition by the deadline. This motion is not filed for purposes of delay, but so justice
may be done.
PRAYER
Mr. Jones respectfully requests that this motion be granted and that the Court
permit an extension of time until March 24, 2015, to file his petition for discretionary
review.
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
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/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
(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 by electronic delivery to the Appellate Division of the Harris County District
Attorney’s Office and the State Prosecuting Attorney on March 24, 2015.
/s/ Cheri Duncan
_________________________
CHERI DUNCAN
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