Nickerson, Johnathan Ross

• Court: Court of Appeals of Texas
• Decided: July 30, 2015
• Docket: PD-0981-15
• Status: Published

Opinion

PD-0981-15 July 30, 2015 PD-0981-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/29/2015 1:40:21 PM Accepted 7/30/2015 2:38:55 PM FIRST COURT OF APPEALS NO. 01-14-00096-CR ABEL ACOSTA CLERK TRIAL COURT CASE NO. 1238640

STATE OF TEXAS § TEXAS COURT § VS. § OF § JOHNATHAN ROSS § CRIMINAL APPEALS NICKERSON

MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes JOHNATHAN ROSS NICKERSON, Appellant in the above

styled and numbered cause, and moves this Court to grant his request to extend time to file the Petition for Discretionary Review, pursuant to Rule 10.5(b) ofthe Texas Rules ofAppellate Procedure, and for good cause shows the following: 1. This case is on appeal from the 177th Judicial District Court of

HARRIS County, Texas.

2. The case below was styled the STATE OF TEXAS vs. JOHNATHAN ROSS NICKERSON, and numbered 1238640 .

3. Appellant was convicted of Capital Murder and sentenced to life without parole on October 30, 2013.

4. Notice of appeal was given on January 27, 2014.

5. The Court ofAppeals affirmed the conviction ofMr. Nickerson on June 30,2015.

6. The deadline to file a Petition for Discretionary Review is on orbefore

July 30, 2015.

7. Appellant relies on the following facts as good cause for the requested extension:

a. Shortly after the judgement was received, Mr. Nickerson was provided notice of the Court's decision to affirm his conviction of Capital Murder and his sentence of life in prison.

b. On July 23,2015, the undersigned met with the family to discuss Mr. Nickerson's options. After informing them of the costs and the procedure surrounding a PDR, the family informed counsel that they were going to try and work on obtaining the money to hire counsel to prepare the PDR. c. As of the date of this motion, counsel has not been retained to

represent Mr. Nickerson further, but decided to file this motion in order to receive additional time for the family to determine ifthey are able to hire counsel to file a

PDR.

d. Counsel would ask this Court to grant Mr. Nickerson of 60 days

in Order to prepare and file a PDR with the Court of Criminal Appeals, either through counsel or pro-se. e. This is the last action filed on Mr. Nickerson's behalf by the

undersigned.

8. This request is not for delay, but rather, to adequately prepare the petition in the interests ofjustice.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion To Extend Time To File Petition For Discretionary Review, and for such other and further relief as the Court may deem appropriate. Respectfully submitted,

Law Offices, Andre' L. Ligon P.C. Attorneys at Law 1314 Texas Ave. #1500 Houston, Texas 77002 Tel: (713) 662-2500 Fax:(713)222-0252

Rv •/

This is to certify that on July 29, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Harris

County.

/S/ Andre' L. Ligon ANDRE LIGON STATE OF TEXAS § § COUNTY OF HARRIS §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

ANDRE LIGON, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and entitled

cause. I have read the foregoing Motion To Extend Time To File

Petition For Discretionary Review and swear thaj^ll of the allegations

of fact contained therein are true and correct."

ANDRE LIGON Affiant

SUBSCRIBED AND SWORN TO BEFORE ME by Andre" L. Ligon on

-A v 3 ^-i 2015, to certify which witness my hand and seal ofoffice.

NotaiyPublic, StateWTexas

/'". ,.|H>i"'' FIRST COURT OF APPEALS NO. 01-14-00096-CR TRIAL COURT CASE NO. 1238640

STATE OF TEXAS § TEXAS COURT § VS. § OF § JOHNATHAN ROSS § CRIMINAL APPEALS NICKERSON

ORDER GRANTING APPELLANT MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

On , 2015, the Court considered the Appellant's Motion To

Extend Time To File PetitionFor Discretionary Review and after due consideration,

hereby GRANTS the Appellant's Motion.

It is Ordered that Johnathan Ross Nickerson has until 2015 to file

a Petition for Discretionary Review if he so chooses too.

Date: , 2015.

JUDGE PRESIDING

APPROVED:

Bv.TlS1/ Andre' L. Lison Andre' L. Ligon State Bar No. 00797840 1314 Texas Ave. #1500 Houston, Texas 77002 Tel: (713) 662-2500 Fax:(713)222-0252

Attorneys for JOHNATHAN ROSS NICKERSON