Combest, John Elsworth

Opinion

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

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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

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(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