Sublet, Waris Nadir

• Court: Texas Supreme Court
• Decided: March 6, 2015
• Docket: PD-0244-15
• Status: Published

Opinion

PD-0244-15 PD-0244-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 3/2/2015 4:16:15 PM Accepted 3/6/2015 10:12:20 AM No. _______________ ABEL ACOSTA CLERK

In the Court of Criminal Appeals Austin, Texas

----•--- March 6, 2015 WARIS SUBLET Appellant v. THE STATE OF TEXAS Appellee

APPELANT'S MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

Review Sought from the 1st Court of Appeals NO. 01-14-00182-CR On appeal from Cause Number 1 3 7 8 7 4 2 262nd District Court Of Harris County, Texas

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Appellant, pursuant to TEX. R. APP. P. 10.1, 10.5(b), 68.2 (c) and 38.6(d), moves

for an extension of time within which to file its petition for discretionary review. In

support of his motion, the appellant submits the following:

1. Appellant was charged with the offense of Aggravated Assault with a Deadly Weapon. 2. Appellant's punishment was assessed at thirty years in the Institutional Division of the Texas Department of Criminal Justice (TDCJ). 3. Appellant filed notice of appeal on February 19, 2014. 4. Appellant's appeal was heard by the First Court of Appeals in Cause Number 01-14-00182-CR Waris Nadir Sublet v. The State of Texas 5. On January 29, 2015, the First Court of Appeals entered a judgment affirming the judgment(s) of the trial court. 6. Appellant's Petition for Discretionary Review is due March 2, 2015.

7. Appellant seeks an extension until April 2, 2015, to file its Petition for Discretionary Review.

8. This is appellant's first request for an extension to file its Petition for Discretionary Review in this case.

9. The following facts are relied upon to show good cause for the requested extension: Trial counsel is managing a heavy criminal caseload and is unable to file her Petition for Discretionary Review without the benefit of an extension.

8. The Appellant's motion is not for purposes of delay, but so that justice may be done.

WHEREFORE, Appellant prays that this Court will grant the requested extension.

Respectfully submitted,

/s/ Keisha L. Smith

KEISHA L. SMITH Attorney for Appellant 708 Main Suite 790 Houston, Texas 77002 (713) 222-0733 (telephone) (713) 222-0995 (fax) State Bar No. 24029841 Attorney for the Appellant

2 CERTIFICATE OF SERVICE

I hereby certify, by affixing my signature below, that a true and correct copy of

the foregoing Motion /or Extension of Time to file Petition for Discretionary Review, was

served by electronic mail to Alan Curry, Assistant Criminal District Attorney for Harris

County Texas 1201 Franklin Suite 600 Houston, Texas 77002, and Lisa McMinn, State

Prosecuting Attorney, P.O. Box P.O. Box 1304 Capitol Station Austin, Texas 78711, on

this day March 2, 2015.

KEISHA L. SMITH Attorney for Appellant 708 Main Suite 790 Houston, Texas 77002 (713) 222-0733 (telephone) (713) 222-0995 (fax) State Bar No. 24029841 Attorney for the Appellant