Jones, Charles Henry

• Court: Court of Appeals of Texas
• Decided: February 13, 2015
• Docket: PD-0174-15
• Status: Published

Opinion

PD-0174-15

February 13, 2015 PD-0174-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 2/12/2015 2:04:12 PM Accepted 2/13/2015 8:48:49 AM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK OF THE STATE OF TEXAS

PD-___________________

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 is due on February 12, 2015. No previous extensions have

been requested.

III. REASONS FOR REQUEST

In the last 30 days, counsel has missed nearly a week of work with the flu.

Further, counsel provided legal research and argument in a murder trial in Harris

County District Court. Counsel also has been working to complete a brief in the case of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR, which has no further

extensions and is subject to abatement, as well as briefs in the cases of In re M.I.S.,

Cause No. 01-14-00684-CV, and Nomathemba Y. Sitawisha v. State, Cause No. 01-14-

00848-CR, each of which has had its deadline extended. Finally, counsel is working to

complete a petition for discretionary review in the case of Michael Jermaine Williams v.

State, Cause No. PD-0096-15, which has received one extension with the admonition

that no further extensions would be entertained.

III. 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 12, 2015, to file his petition for discretionary

review.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Cheri Duncan ______________________________ CHERI DUNCAN 2 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 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, February 12, 2015. /s/ Cheri Duncan _________________________ CHERI DUNCAN