Williams, Michael Jermaine ( 2015 )


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  •          FILED IN                                                                                     PD-0096-15
    COURT OF CRIMINAL APPEALS                                                           COURT OF CRIMINAL APPEALS
    AUSTIN, TEXAS
    February 26, 2015                                                           Transmitted 2/24/2015 9:47:40 AM
    Accepted 2/26/2015 3:19:46 PM
    ABELACOSTA, CLERK                                                                                 ABEL ACOSTA
    IN THE COURT OF CRIMINAL APPEALS
    CLERK
    OF THE STATE OF TEXAS
    PD-0096-15
    MICHAELJERMAINE WIT J JAMS,                   §                                                      vV
    Appellant                                                      On Petition for Review of
    v.                                            §                No. 14-13-00527-CR
    Court of Appeals
    Fourteenth District of Texas
    THE STATE OF TEXAS                            §
    Appellee
    PETITIONER/APPELLANT'S MOTION TO EXTEND TIME
    TO FILE PETITION FOR DISCRETIONARY REVIEW
    Petitioner/Appellant Michael Jermaine Williams moves for a second 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 June 7, 2013. The court of appeals
    affirmed on December 23, 2014. No motion for rehearing was filed.
    II. PROCEEDINGS IN THIS COURT
    Mr. Williams's petition was due on February 23, 2015. One previous extension
    was requested and granted.
    III. REASONS FOR REQUEST
    In the 30 days since the Court granted Appellant's original extension request,
    counsel's health problem has continued. Counsel has missed more than an additional
    week of work with flu and other health issues, requiring multiple trips to doctors and
    multiple medical tests to untangle various issues. Counsel has reassigned some ofher
    \
    J
    docket to other attorneys in the office, but in the exercise of due diligence, has been
    unable to complete Mr. Williams' petition. Counsel also has continued to work to
    finish a brief in the case of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR,
    which now is subject to abatement.
    III. FILING OF MOTION
    The Court's prior order noted that there would be no further extensions, and
    counsel has tried to heed that admonishment, but was been unable to complete Mr.
    Williams's petition by the deadline. Mr. Williams respectfully requests that his
    attorney's health problem be considered extraordinary circumstances to justify this
    extension request. The motion is not filed for purposes of delay, but so justice may be
    done.
    PRAYER
    Mr. Williams 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
    I si Chen 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,
    MICHAELJERMAINE WILLIAMS
    CERTIFICATE OF SERVICE
    I certify that a copy of Appellant's Motion to Extend Time to File Appellate
    Brief 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,
    on February 24, 2015.
    I si Cheri Duncan
    CHERI DUNCAN
    

Document Info

Docket Number: PD-0096-15

Filed Date: 3/3/2015

Precedential Status: Precedential

Modified Date: 9/28/2016