Williams, Michael Jermaine

• Court: Texas Supreme Court
• Decided: March 3, 2015
• Docket: PD-0096-15
• Status: Published

Opinion

FILED IN PD-0096-15 COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS February 26, 2015 Transmitted 2/24/2015 9:47:40 AM Accepted 2/26/2015 3:19:46 PM ABELACOSTA, CLERK ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS CLERK OF THE STATE OF TEXAS

PD-0096-15

MICHAELJERMAINE WIT J JAMS, § vV Appellant On Petition for Review of v. § No. 14-13-00527-CR Court of Appeals Fourteenth District of Texas THE STATE OF TEXAS § Appellee

PETITIONER/APPELLANT'S MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

Petitioner/Appellant Michael Jermaine Williams moves for a second 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 June 7, 2013. The court of appeals affirmed on December 23, 2014. No motion for rehearing was filed.

II. PROCEEDINGS IN THIS COURT

Mr. Williams's petition was due on February 23, 2015. One previous extension

was requested and granted.

III. REASONS FOR REQUEST

In the 30 days since the Court granted Appellant's original extension request,

counsel's health problem has continued. Counsel has missed more than an additional week of work with flu and other health issues, requiring multiple trips to doctors and

multiple medical tests to untangle various issues. Counsel has reassigned some ofher \ J

docket to other attorneys in the office, but in the exercise of due diligence, has been

unable to complete Mr. Williams' petition. Counsel also has continued to work to

finish a brief in the case of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR,

which now is subject to abatement.

III. FILING OF MOTION

The Court's prior order noted that there would be no further extensions, and

counsel has tried to heed that admonishment, but was been unable to complete Mr.

Williams's petition by the deadline. Mr. Williams respectfully requests that his

attorney's health problem be considered extraordinary circumstances to justify this

extension request. The motion is not filed for purposes of delay, but so justice may be

done.

PRAYER

Mr. Williams respectfully requests that this motion be granted and that the

Court permit an extension of time until March 24, 2015, to file his petition for

discretionary review.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

I si Chen Duncan

CHERI DUNCAN 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, MICHAELJERMAINE WILLIAMS

CERTIFICATE OF SERVICE

I certify that a copy of Appellant's Motion to Extend Time to File Appellate Brief 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, on February 24, 2015. I si Cheri Duncan

CHERI DUNCAN