Combest, John Elsworth

Opinion

PD-0379-15

PD-0379-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

May 4, 2015 Transmitted 5/4/2015 2:33:30 PM Accepted 5/4/2015 4:31:18 PM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK

OF THE STATE OF TEXAS

PD- 03379-15

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 April 29, 2015. One previous extension was

requested.

III. REASONS FOR REQUEST

Since the court of appeals handed down its judgment, counsel has been working

to complete briefs in In re M.I.S., Cause No. 01-14-00684-CV and Nomathemba Y.

Sitawisha v. State, Cause No. 01-14-00848-CR, both of which are due today and subject

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to abatement; a supplement to petition for discretionary review in Michael Jermaine

Williams v. State, Cause No. PD-0096-15; the research and briefing on remand of a

juvenile court’s waiver of jurisdiction that was reversed after appeal of the defendant’s

adult conviction, Jorge Guerrero v. State, Cause No. 14-13-00101-CR; and the investigation

into potential grounds for a motion for new trial in State v. Bo Daniel Shafer, Cause No.

1433928 in the 184th District Court.

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 4, 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

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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, JOHN ELSWORTH COMBEST

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, May 4, 2015.

/s/ Cheri Duncan

_________________________

CHERI DUNCAN